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Terms & Conditions

TERMS & CONDITIONS

YOU MUST BE 21 YEARS OR OLDER TO VISIT BRUNCHINABOTTLE.COM. IF YOU ARE NOT, YOU MUST LEAVE THE SITE IMMEDIATELY. WE TAKE BEVERAGE ALCOHOL LAWS SERIOUSLY, AND IF YOU ATTEMPT TO PURCHASE OR RECEIVE BEVERAGE ALCOHOL BY PLACING AN ORDER ON BRUNCHINABOTTLE.COM, WE WILL ASSIST LAW ENFORCEMENT IN PROSECUTING YOU TO THE FULLEST EXTENT OF THE LAW.

Welcome to the Internet sites of .Sisu Wine, LLC ("brunchinabottle.com"). Sisuwines.com includes brunchinabottle.com, and other Internet sites affiliated with Sisu Wine, LLC. Each brunchinabottle.com Site is operated by Sisu Wines, LLC, and its affiliates (collectively referred to herein as "we," "us," or "our").

PLEASE NOTE THAT YOUR USE OF THE BRUNCHINABOTTLE.COM SITE IS SUBJECT TO THE FOLLOWING TERMS ("TERMS OF SERVICE"). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SERVICE, DO NOT ACCESS OR OTHERWISE USE THIS BRUNCHINABOTTLE.COM SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE BRUNCHINABOTTLE.COM SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. THE TERMS OF SERVICE MAY BE UPDATED BY BRUNCHINABOTTLE.COM FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE BRUNCHINABOTTLE.COM SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF SERVICE.

USER OBLIGATIONS

You agree not to do any of the following while using the brunchinabottle.com Site:

  • Intentionally or unintentionally violate any applicable law or regulation.
  • Access, tamper with, or use nonpublic areas of the brunchinabottle.com Site or brunchinabottle.com's computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.
  • You will not access the brunchinabottle.com site with any manual or automated process for any purpose other than to purchase brunchinabottle .com products and services as expressly allowed by these terms and conditions. Use of any automated system or software to extract data from the brunchinabottle.com Site (“data scraping”) is prohibited, regardless whether such use is for commercial or noncommercial purposes.
  • Frame or link to the brunchinabottle.com Site except as permitted in writing by brunchinabottle.com.

THE SALE OF ALCOHOLIC BEVERAGES

brunchinabottle.com does not sell alcohol to persons under the age of 21. By using this site you swear and affirm that you are over the age of 21. brunchinabottle.com 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 are acknowledging that the person receiving a shipment of alcoholic beverages from Brunchinabottle.com is over the age of 21. You also agree that any alcohol purchased from Brunchinabottle.com 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 brunchinabottle.com will prosecute you fully to the extent allowable by law.

PARENTAL CONTROL PROTECTIONS

As required by the Communications Decency Act of 1996, brunchinabottle.com 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. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, SurfWatch, and GuardOne. brunchinabottle.com does not sponsor or endorse any of these companies or their services.

LINKS

The brunchinabottle.com Site may contain links to other web sites or resources. You acknowledge and agree that brunchinabottle.com is not responsible or liable for (1) the availability or accuracy of such web sites or resources; or (2) the content, advertising, or products on or available from such web sites or resources. The inclusion of any link on the brunchinabottle.com Site does not imply that brunchinabottle.com endorses the linked site.

RETURNS

We do not offer returns of our wine products

DAMAGED IN SHIPMENT

If you receive your wine and it has been damaged during shipment, please email us at sales@brunchinabottle.com within 3 days of receiving the shipment. Include a description of the damages and include pictures if possible. This information is extremely helpful to us in making sure that our products are packaged and shipped properly. We will arrange for the damaged products to be replaced.

EXCHANGES

We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at sales@brunchinabottle.com

GIFT CERTIFICATES

Gift certificates must be redeemed through the brunchinabottle.com Web site www.brunchinabottle.com, toward the purchase of products listed in brunchinabottle.com's online catalog. Gift certificates cannot be used to purchase gift certificates or gift cards, such as brunchinabottle.com Gift Certificates. Gift certificates are not redeemable for cash and cannot be returned for a cash refund, except to the extent required by law. Any unused balance will be placed in the recipient's gift certificate account and is not transferable. If your order exceeds the amount of your gift certificate, you must pay for the balance with a credit card. Gift certificate cash value is 1/10 of one cent. Gift certificates and their use on the brunchinabottle.com Web site are subject to brunchinabottle.com's general Terms of Service and Privacy Policy. We are not responsible for lost or stolen gift certificates. If you have any questions, please visit the email us at hello@brunchinabottle.com Brunchinabottle.com will have the right to close customer accounts and request alternative forms of payment if a fraudulently obtained gift certificate is either redeemed through the Brunchinabottle.com Web site or is redeemed and used to make purchases on the brunchinabottle.com Web site. Brunchinabottle.com may provide gift certificate purchasers with information about the redemption status of gift certificates.

 

The risk of loss and title for Gift Certificate pass to the purchaser upon our electronic transmission of the Gift Certificate to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. We are not responsible if any Gift Certificate is lost, stolen or destroyed or your brunchinabottle.com Balance or any Gift Certificate is used without your permission.

BRUNCHINABOTTLE.COM, GIFT CERTIFICATES, AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CERTIFICATES, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CERTIFICATE CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CERTIFICATE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

brunchinabottle.com gift certificates are issued and sold by bruchninabottle.com Gift Certificates, Inc., an Texas DBA LLC. By visiting brunchinabottle.com, you agree that the laws of the state of Texas, without regard to principles of conflict of laws, will govern these gift certificate terms and conditions.

Any dispute or claim relating in any way to Gift Certificates or your brunchinabottle.com Balance will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The U.S. Federal Arbitration Act and U.S. federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these terms and conditions as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to brunchinabottle.com, Inc. c/o Legal 8211 Phantom Fld San Antonio, TX 78253. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not to seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person at a mutually agreed location.

We and you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We and you also agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Any dispute relating in any way to brunchinabottle.com gift certificates shall be submitted to confidential arbitration in San Antonio, Texas, except that, to the extent you have in any manner violated or threatened to violate brunchinabottle.com's intellectual property rights, brunchinabottle.com may seek injunctive or other appropriate relief in any state or federal court in the state of Idaho, and you consent to exclusive jurisdiction and venue in such courts.

We reserve the right to change and update these terms and conditions from time to time in its discretion, and your continued use of this website represents acceptance of the revised terms and conditions.

All terms and conditions are applicable to the extent permitted by law.

DISCLAIMER OF WARRANTIES

ALTHOUGH BRUNCHINABOTTLE.COM ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE BRUNCHINABOTTLE.COM SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE BRUNCHINABOTTLE.COM SITE. BRUNCHINABOTTLE.COM DOES NOT WARRANT THAT YOUR USE OF THE BRUNCHINABOTTLE.COM SITE, OR THE OPERATION OR FUNCTION OF THE BRUNCHINABOTTLE.COM 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 BRUNCHINABOTTLE.COM 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 WEBSITE. BRUNCHINABOTTLE.COM AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE BRUNCHINABOTTLE.COM SITE. THE BRUNCHINABOTTLE.COM 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 BRUNCHINABOTTLE.COM 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 BRUNCHINABOTTLE.COM SITE, THE USE OR PERFORMANCE OF THE BRUNCHINABOTTLE.COM SITE, THE DELAY OR INABILITY TO USE THE BRUNCHINABOTTLE.COM SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE BRUNCHINABOTTLE.COM SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE BRUNCHINABOTTLE.COM SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BRUNCHINABOTTLE.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BRUNCHINABOTTLE.COM SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BRUNCHINABOTTLE.COM SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS BRUNCHINABOTTLE.COM'S LIABILITY OR YOUR REMEDIES.

ACCESSIBILITY INFORMATION

Brunchinabottle.com strives to have our website and mobile applications accessible and user-friendly to everyone. We believe that all adults should be able to share our passion and be able to buy wine and spirits online. If there is any way you think we can make our website or mobile applications more accessible to you, please email us at hello@brunchinabottle with the subject line “accessible”.

PRIVACY POLICY

Your use of the brunchinabottle.com Site is governed by the brunchinabottle.com Privacy Policy.

TERMINATION OF YOUR BRUNCHINABOTTLE.COM ACCOUNT

brunchinabottle.com may terminate your brunchinabottle.com Account with or without cause at any time effective immediately. If we terminate your Account without cause, we will refund on a prorated basis any portion of your Membership fee that you prepaid in advance for the remaining portion of your then-current Membership term.

NO RESPONSIBILITY TO SELL MISPRICED PRODUCTS OR SERVICES

Brunchinabottle.com shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Brunchinabottle.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Brunchinabottle.com shall immediately issue a credit to your credit card account in the amount of the charge.

MODIFICATIONS TO PRICES OR BILLING TERMS

BRUNCHINABOTTLE.COM RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.

FORCE MAJEURE

Brunchinabottle.com shall be excused from performance under this Terms of Service if Brunchinabottle.com is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under this Terms of Service by reason of: (a) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, computer or telecommunications failure or other circumstance beyond the control of Brunchinabottle.com.

SURVIVAL

The following provisions shall survive any termination of these Terms of Service: No Warranty from Brunchinabottle.com, Limitation of Liability, Indemnity and General Provisions.

GENERAL PROVISIONS

You agree that Brunchinabottle.com and its licensors may make improvements and/or changes in the Site Content and services or events described in this Site, 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 Brunchinabottle.com Site may not be legal by certain persons or in certain countries. If any provision of these Terms of Service 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 Brunchinabottle.com to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Brunchinabottle.com in writing. The Terms of Service, along with the Brunchinabottle.com Privacy Policy, comprises the entire agreement between you and Brunchinabottle.com and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. These Terms of Service are personal to you and you may not transfer, assign, or delegate these Terms of Service to anyone without the express written permission of Brunchinabottle.com. Any attempt by you to assign, transfer, or delegate these Terms of Service without the express written permission of Brunchinabottle.com shall be null and void. These Terms of Service will inure to the benefit of Brunchinabottle.com's successors, assigns, and licensors. The paragraph headings in these Terms of Service, shown in boldface type, are included to help make the agreement easier to read and have no binding effect.

DISPUTES

Any dispute or claim relating in any way to your use of any Brunchinabottle.com Service, or to any products or services sold or distributed by Brunchinabottle.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Brunchinabottle.com c/o Legal Department 222 Sutter Street Suite 450 San Francisco CA 94108. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Brunchinabottle.com will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

 We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

If you have any questions about these Terms of Service, please contact us.

The Terms of Service were updated April 28, 2021.