Sales Terms & Conditions
Terms and Conditions of sale
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ORDER/KEEP YOUR PRODUCT.
These Terms and Conditions of sale (the “Sales Terms”) are the terms which apply when you access the website www.winescholarguild.org (the “Online Shop”) and place orders to purchase any of the Products and Services made available to you on the Online Shop (“Products”).
The Online Shop is owned by and operated by Wine Scholar Guild, a Virgina, USA corporation (hereinafter referred to as “Wine Scholar Guild”, “we”, “us” or “our” as the context may require).
By accessing the Online Shop or when you place orders to purchase any of the Products on the Online Shop you agree to be bound by and accept these Sales Terms. We recommend that you keep a copy of these Sales Terms for future reference.
To be eligible to purchase goods on this Online Shop and lawfully enter into and form contracts, you must:
- if an individual, be 21 years of age or over; or above legal drinking age in the country of residence and consumption of the Products if outside of the United States;
- register your real name, address, phone number, email address and any other details requested;
- be legally capable of entering into binding contracts.
By offering to purchase goods and services you authorize us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.
- Terms Specific to Events :
Attendance at any Wine Scholar Guild event is based on a first-registered, first-served basis unless an application process is required or unless otherwise noted. Wine Scholar Guild cannot confirm access to events without prior reservation, nor can Wine Scholar Guild hold reservations without pre-payment. Wine Scholar Guild generally do not allow registration at the door.
Events are open only to attendees of legal drinking age (twenty one (21) year old). Attendees unable to show a valid proof of age, will not be allowed access to the event and are subject to our cancellation policy.
Wine Scholar Guild keeps the right to refuse service to anyone. In order to ensure the safety and happiness of all our guests, attendees will be asked to leave should they conduct themselves in an unbecoming manner including, but not limited to, harassment, verbal or physical assault on any guest or Wine Scholar Guild associate. Such behavior may result in expulsion of the event, cancellation of membership and denied access to any future event.
By signing up to any Wine Scholar event or activity you agree not to drive if you are not under the legal limit. You are entirely responsible for your actions (prior to, during and following consumption of alcohol) and will not hold the Wine Scholar Guild or partners liable for them. A taxi can always be called for your convenience.
All event registrations/ticket sales are final, non-refundable & non-transferable.
In the event the Wine Scholar Guild cancels or postpones an event, participants will be informed by email and phone. Wine Scholar Guild proposes participants to keep the credit of their reservation to use towards any future events but will refund any reservation upon request.
In the event of inclement weather or "act of god" event, Wine Scholar Guild reserves the right to cancel or postpone an event. Participants will be informed by email and phone at least 2 hours prior to the event. Wine Scholar Guild will offer participants a credit of their reservation to use towards any future events and will receive a confirmation via email.
If Wine Scholar Guild cancels an event for any reason, it will not be held responsible to reimburse any travel, lodging or any related expense incurred by the participants. Wine Scholar Guild highly recommends participants to always opt for modifiable/refundable transportation and lodging reservations and/or take cancellation insurance.
- Study & Certification Programs
WSG offers wine study courses that are targeted to both beginners and those more experienced in the wine industry. While WSG has received many accolades, awards, and testimonials, WSG is not an accredited institution or school. WSG does not guarantee or warrant that any employer or school will recognize WSG wine study courses. While WSG knows that it is a well-recognized institution within the multi-national wine community, it cannot guarantee anyone success in their profession or vocation.
- Changes to Sales Terms
Purchases made on the Online Shop are for your personal or gift use and are not to be used for re-sale, commercial purposes or any other commercial benefit. We reserve the right to refuse orders for multiple quantities of an item ordered by you or ordered to any one postal address.
Some restrictions are placed on the extent to which we accept orders from specific countries.
We do not guarantee the availability of any Product in the Online Shop. We reserve the right, without liability or earlier notice, to change, discontinue or stop making any Product or offering any Service.
- Order Processing and Contract Formation
To make it easier for you to order Products using the Online Shop, we offer you the opportunity to register for a personal account. If you take advantage of this opportunity any personal data that you provide us with during the registration process will be stored in our database.
Your order via our online purchase order form is considered as a binding offer to buy the Products or Services you select from the Online Shop. All orders are subject to availability and to acceptance by us. We reserve the right to refuse to accept an order. The contract for purchase of the Product is formed when we send you a confirmation email showing status as “confirmed”.
- Your use of the Online Shop
By accepting the Sales Terms you confirm that all information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times.
You agree that in using the Online Shop you will not: (i) use the Online Shop in any way that causes, or is likely to cause the Website or access to the Website to be interrupted, damaged, or impaired in any way; (ii) use the Online Shop for any purpose that could damage the name of Wine Scholar Guild or any goodwill attached to the Online Shop; (iii) use the Online Shop for criminal, fraudulent or illegal activity or in any manner which would cause harm or distress to any third party; (iv) access or attempt to access the accounts of other users or attempt to penetrate the Online Shop security measures; nor (v) use the Online Shop for any purpose other than your personal use.
We reserve the right to suspend, restrict or terminate your access to the Online Shop or Website at any time without notice if we have reasonable grounds to believe that you have breached any of these restrictions or if we suspect fraudulent account activity or behavior. This shall not limit our right to take any other action against you that we consider appropriate.
- Conditions applicable to coupon codes (Discounts) and gift certificates
Only one coupon code can be used per order. Coupon codes cannot be combined with any other special offer or promotion.
You cannot sell, barter or give away a coupon code. You cannot upload or make available a promotion code on any website or through any other public offer, give away, sale or barter. You cannot use coupon codes for commercial purposes.
Promotion codes are not exchangeable for money.
We do not have any obligation to re-issue or refund coupon codes. Coupon code obtained cannot be retroactively applied to an order already confirmed.
Gift Certificates, whether in a paper or electronic version expire within 365 days from their date of emission unless otherwise specified.
- Prices, delivery charges and Payment
The price payable for the Products shall be as shown on the Online Shop. Prices advertised on the Online Shop exclude delivery charges or any applicable taxes. Delivery charges are shown separately when ordering and must also be paid in advance.
Prices are subject to change without notice but changes will not affect orders which we have already accepted.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a confirmation email, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a miss-pricing.
Payment for your products must be made via credit or debit card, via Paypal or other means as specified on the payment page.
The full payment price, including delivery charges and any additional charges for services you may have ordered, will be debited from your card or Paypal account upon submission of your order.
You confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorization by the card issuer. Fraudulent use of credit cards will be reported to the relevant authorities. If the issuer of your card refuses to authorize payment we will not accept your order and we will not be responsible for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.
- Import duty
If you order Products from the Online Shop for delivery outside the United States, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
- Delivery and ownership
Unless otherwise stated for a specific Product or Service, we shall endeavor to dispatch the Product to you within two (2) working days after you place your order and in any event within thirty (30) days beginning on the day after you place your order. If we are unable to dispatch the Product or deliver the Service within that time we will email to let you know and to give you an estimated delivery date. In these circumstances you have the right to cancel the order and receive a full refund.
We shall not be held responsible for delay or failure to perform if the delay or failure is caused by any circumstances beyond our reasonable control including but not limited to acts of war or terror, strikes, national or local states of emergency, failure of delivery/mail services, power or utility outages, earthquakes, or other natural disasters.
As soon as the Product is delivered to you, you are responsible for it. Besides, we retain full legal title to Products until we have received all amounts due on the ordered Products.
- Return and refund
Return Policy & Right to Cancel:
If we do not deliver or if the Products we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, please follow the instructions of the return procedure as described below.
We will do our best efforts, and our only obligations will be, at our option to:
- make good any shortage or non-delivery or incorrect delivery; or
- replace or repair any Products that are damaged or defective; or
- refund to you the amount paid by you for the Products in question.
If you have bought Products for your own private use as a consumer and want to exercise your right to cancel the contract and return the Product(s) you have purchased return the Product(s) within 15 calendar days after the date of receipt of the delivery and correctly follow the instructions of the return procedure as described below.
Instructions of the Return and/or Cancellation Procedure
- In the event we accept the return or order cancellation, you must return the Product within 5 business days following our acceptance. Please treat the Product with care and return it in the condition that it was delivered to you; if possible, use the original delivery package or pack the Product securely. We recommend that returned Products are sent via an insured, traceable delivery service. You will be responsible for the cost of returning the Product(s) to us.
Replacement or refund can only be processed once we have received the Product to be returned.
If you return a Product 1) that you are not entitled to return, 2) that is not in its original condition, 3) without following our return instructions, or 4) have otherwise failed to exercise reasonable care when taking care of and returning the Product, we reserve the right either to reject your return and decline to refund, subject to applicable law.
If your return and/or cancellation has been accepted, we will refund you the price you have actually paid for the items less any applicable shipping costs (as per the above) by crediting your payment card or Paypal account no later than thirty (30) calendar days after the date of receipt of the delivery.
- Limitation on liability
You have certain rights under the law. These include that any Product supplied by us will be of satisfactory quality. Nothing in these Sales Terms is intended to affect these statutory rights.
If we breach these Sales Terms we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach, up to a maximum of the purchase price of your order. Losses are foreseeable where they could be contemplated by you and us at the time of entering into this agreement.
With current technology it is not possible to develop and operate online courses and resources entirely without error, or to rule out any unpredictable events in connection with the Internet. We provide no guarantee for the constant and uninterrupted availability of the Online Shop and of our online courses and resources.
We shall not be liable whether in contract, tort or otherwise for any economic losses (including without limitation loss of income, loss of profits, loss of contracts, business or anticipated savings), loss of data, loss of goodwill or reputation or for any special, indirect, consequential or punitive loss or damage of any kind howsoever arising. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
- Intellectual property rights
Your use of the Online Shop grants no rights to you in relation to copyright, design rights, trademarks or other of our intellectual property rights (or the intellectual property rights of third parties).
We provide the Online Shop to you solely for your personal, non-commercial use. You may electronically copy and print only those areas of the Online Shop which are required in the process of using the Online Shop as a shopping resource. The content of the Online Shop may not be used for any other purpose without our express written permission.
You agree to indemnify, defend and hold harmless Wine Scholar Guild, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your breach of these Sales Terms, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.
- Contact details
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Sales Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Sales Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these Sales Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
- Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Online Shop, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Online Shop. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
- Entire agreement
These Sales Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Sales Terms.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Sales Terms.
- Governing law and Jurisdiction
These Sales Terms shall be governed and construed in accordance with laws of the Fairfax County, Virginia USA, and the parties irrevocably consent to bring any action to enforce these Sales Terms or the Contract, in the federal or state courts of the Fairfax County, Virginia USA.