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TERMS OF SERVICE

1.0 INTRODUCTION

Welcome to our website, www.dcanterwines.com! We're so pleased that you've visited our Site. We hope you're finding everything that you need easily.  Please review these Terms and Conditions carefully as they affect how you interact with our Site.  

This website, DCanterWines.com, is owned and operated by Midagra, LLC dba "DCanter."  This website, any individual websites we have now or may have in the future, and any links contained within or otherwise available through external hyperlinks within this website shall collectively be referred to as our "Site." By using our Site and any services offered on our Site, you agree to these Terms and Conditions, our Privacy Policy, and any additional terms applicable to certain programs in which you may elect to participate, as any of the same may exist from time to time. Please be sure to read our Frequently Asked Questions and Privacy Policy in addition to these Terms and Conditions.  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 this Site shall be deemed to be your agreement to abide by each of the Terms and Conditions set forth herein.

 

 

2.0 PRODUCT PURCHASES MADE ONLINE, IN-STORE, OR VIA CONCIERGE BY DCANTER

2.1 Age Certification & Adult Signature

By making a purchase on DCanterWines.com or through Concierge by DCanter, you certify that you are at least 21 years of age. DCanter reserves the right to deny service to anyone who cannot provide verification of his or her age upon request. All deliveries of alcoholic products purchased from DCanterWines.com or through Concierge by DCanter must be signed for and received by an individual who is at least 21 years of age. If you cannot provide verification of age at the time of an attempted delivery, you will still be responsible for full payment of all shipping costs incurred in the attempted delivery and return of the alcoholic products ordered, unless otherwise agreed upon by you and DCanter as part of a DCanter program or service.

2.2 Transactions

DCanter relies upon a network of independent vendors ("Vendors") who assist in providing services to you, including shipping and third party credit card processing. If you purchase any product or service made available to you (a "Transaction") you may be asked to supply certain information relevant to your Transaction, including your credit card number, the expiration date of your credit card, your billing address, and your shipping information. By submitting this information, you grant to DCanter and Vendor the right to provide this information to third parties for purposes of completing Transactions by you or on your behalf.  In connection with each Transaction, you represent that (i) you have the legal right to use any credit card(s) utilized in connection with any transaction, (ii) you may purchase and receive the products ordered in compliance with all applicable laws, including alcoholic beverage control laws of the jurisdiction in which you reside, and (iii) the products will be used only in a lawful manner.  DCanter reserves the right to refuse to continue or to refund any transaction made that does not appear to abide by these terms and conditions.

2.3 Delivery/Shipping of Alcohol Goods

Not all states or jurisdictions allow alcoholic products to be shipped into them. DCanter will not ship to jurisdictions that do not allow for the delivery of alcoholic products.  Please review our SHIPPING POLICY for additional information.

2.4 Delivery/Shipping of Non-Alcohol Goods

We can ship all of our non-wine items, such as gift baskets, books, gift certificates and accessories to all 50 states. We do not ship any items internationally and also cannot ship to US territories or APO/FPO addresses.

2.5 Taxes

DCanter will collect alcohol and sales taxes as required by the laws of the District of Columbia.

2.6 Inclement Weather

Weather conditions such as extreme heat or freezing temperatures across the country can create challenges for shipping wine. When temperatures while in transit could adversely affect your wine order, we reserve the right to delay shipment of your purchase until more favorable weather conditions for shipping wine exist.

2.7 Flawed or Damaged Goods

DCanter stands behind the quality of all the products that we sell. If you open a bottle and find that it is defective (corked, oxidized, otherwise spoiled), we will gladly exchange (not refund) it for a bottle of equal or greater value. If you exchange an item for one of greater value, you will be asked to provide the retail price difference, along with any applicable taxes, at the time of the exchange. We do not issue store credit. Since we cannot control how bottles are stored once they leave our possession, we will only accept defective bottles for exchange within 30 days of purchase. Items to be returned are subject to evaluation by our staff and must be accompanied by the original sales receipt. Unused, unopened, and undamaged accessories and books may be returned for a full refund within 30 days of purchase. After 30 days, accessories and books are no longer eligible for a refund. Your item(s) must be accompanied by the original sales receipt.

2.8 Vintage Substitutions

On rare occasions, a chosen vintage of a wine may sell out or be replaced by a new release after your order is placed. With bottles of wine listed under $20, we will automatically substitute the wine with the next vintage. For wines sold at $20 or more, we will notify you of the vintage change and provide the opportunity to cancel the order before shipping. We will only substitute with a vintage for the same type, varietal and winery.

2.9 Re-Stocking of Un-Delivered or Wines Not Picked Up After 30 Days for Purchase

We do not offer wine storage services.  Any wines purchased must be picked-up or delivery coordinated within 30 days of purchase.  After 30 days and we have not heard from you or your wines have not been picked-up or delivery coordinated, we will re-stock the wines.  We do not offer refunds or exchanges for wines that have been purchased but never picked up or delivered, and we reserve the right to charge a re-stocking fee of $20.00 for each order that needs to be re-stocked.

 

 

3.0 CONCIERGE BY DCANTER 

3.1 Monthly Payment

Concierge by DCanter is a monthly, personalized wine selection and delivery service that caters to your unique taste, budget, and lifestyle (hereafter "Service"). You can choose to receive either three (3), six (6), or twelve (12) bottles monthly and agree to pay $15 per month for the Service in addition to the cost of the wines that are curated for you.  The Service fee of $15 per month is waived on purchases of 6 or more wines.  Your Service also includes unlimited delivery in case you want to order more wines from DCanter, whether online or in-store or through your wine concierge.  As a valued Concierge client, you continue to get unlimited delivery even when you pause or skip your regular Concierge case.  You also get free access to weekend wine tastings held at DCanter as well as exclusive events held just for Concierge clients.

3.2 Pausing/Skipping 

Each month, prior to curating your next Concierge case, your wine concierge will send an email requesting feedback on the wines that were curated for you in the previous month.  You have five (5) days to respond from the date that email was sent to indicate to your wine concierge of your preference to take a pause or skip a month.  If your wine concierge does not hear from you within those five (5) days, your wines will be curated and you will be charged for the wines. 
 
If you do take a pause or skip, know that we are still working for you -- maintaining your account, finding wines for your next Concierge case, developing your tasting notes and feedback survey, among other things.  There is a cost to maintaining your Concierge account, which is why you are billed $15 per month for this service each month (note that the fee is waived for purchases of 6 or more wines).  If you no longer wish to use the Service, please cancel your account by notifying your wine concierge or contacting DCanter at 202-817-3803 or hello@dcanterwines.com.
 

3.3 Refunds and Exchanges

We spend time, effort, and inventory resources to ensure wines are properly curated to your taste and budget preferences and that you have information about each wine through the personalized tasting notes.  Therefore, we do not allow refunds for wines that have already been curated for you.  If you need to take a pause or skip a month, please notify your wine concierge within five (5) days of the feedback survey that you were emailed.  If we do not hear from you about your intent to skip or pause the month within the five (5) days of reaching out to you to get feedback on the wines that were curated for you from the previous month, your wine concierge will hand-select wines and you will be charged for those wines. 
 
DCanter stands behind the quality of all the products that we sell. If you open a bottle and find that it is defective (corked, oxidized, otherwise spoiled), we will gladly exchange (not refund) it for a bottle of equal or greater value. If you exchange an item for one of greater value, you will be asked to provide the retail price difference, along with any applicable taxes, at the time of the exchange. We do not issue store credit. Since we cannot control how bottles are stored once they leave our possession, we will only accept defective bottles for exchange within 30 days of purchase. Items to be returned are subject to evaluation by our staff and must be accompanied by the original sales receipt. 
 

3.4 Ending Your Relationship With Concierge by DCanter

The Terms will continue to apply until terminated by either you or DCanter as set out below:

A. If you want to terminate your legal agreement with DCanter in your participation as a client of the Service, you may do so by notifying DCanter at any time.

B. DCanter may, at any time, terminate its agreement with you for any reason, including if:

  •  You breach any provision of the Terms (or act in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
  • DCanter is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
  • A partner with whom DCanter offered the Services to you has terminated its relationship with DCanter or ceased to offer the Services; or 
  • The provision of the Services to you by DCanter is, in DCanter's opinion, no longer commercially viable.
 
C. When these Terms come to an end, all of the legal rights, obligations, liabilities that you and DCanter have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely shall be unaffected by this cessation.

 

 

4.0 CLASSES AND TASTING EVENTS HOSTED BY DCANTER

4.1 Class Attendance and Cancellation Policy

Attendees have a 15 minute grace period. Arrival more than 15 minutes after the start of a class/event does not guarantee you a seat. You remain responsible for the payment of the class. Please plan ahead and aim to make the class/event on time.  Cancellations by attendees are allowed up to 48 hours prior to the class/event start time to receive full refund. Cancellations made by attendees within 48 hours of the class/event will be charged in full and are not eligible for store credit or class credit. 

4.2 Cancellations Due to Inclement Weather or States of Emergency

If the Federal Government or the DC Public School system announces an unplanned closure, DCanter will reschedule the class. Attendees will receive an email notifying them of the cancellation, date and time of rescheduled class, and any other necessary information.


 

5.0 GENERAL LEGAL TERMS

5.1 Limitation of Liability

In addition to other limitations and exclusions in DCanterWines.com’s terms of service, in no event will we or our directors, officers, employees, agents, or other representatives be liable for any direct, indirect, consequential, or punitive damages, or any other damages of any kind, arising out of or related to our services. Our total liability, whether in contract, warranty, tort (including negligence) or otherwise, will not exceed the amount paid for products purchased directly via DCanterWines.com or through Concierge by DCanter. These exclusions and limitations of liability will apply to fullest extent permitted by law and will survive completion, cancellation, or termination of any and all sales agreements made via DCanterWines.com or through Concierge by DCanter.

5.2 Changes to Terms & Conditions

These Terms and Conditions may be updated at any time and from time to time with or without notice to you. Your continued use of this website following any such change shall be deemed to indicate your acceptance of any modifications to these Terms and Conditions.