The term "WINE of the MONTH CLUB", "WINEoftheMONTHCLUB.ca", or "us" or "we" refers to the owner of the website. The term "you" refers to the user or viewer of our website.
The use of this website is subject to the following terms and conditions of use:
The content of the pages 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 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.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, reviews and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
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 website may give rise to a claim for damages and/or be a criminal offence. 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).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of Ontario, Canada.
|a.||"Club" means the Wine of the Month Club service offering of Winerytohome Inc. (“WTH”).|
|b.||"Delivery Address" is the address of the Member's residence or place of business, as provided by the Member and as accepted by the Club for the purposes of delivery with or without fee. Using its on-line log-in code, a Member may also specify both or either of: a Delivery Address for any specific delivery constituting a gift by the Member to a third party non-member on the basis that the wine is being given without charge and is not being re-sold.|
|c.||"Member" (and correspondingly "Membership") means a person including a firm or corporation which has applied for and satisfies the terms and conditions of the Club, and who is a Member in good standing in accordance with the terms and conditions of this Agreement.|
|d.||"Ontario Winery" means a winery holding a manufacturer's licence from the Alcohol and Gaming Commission of Ontario ("AGCO") in respect of which WTH is licensed by AGCO as a manufacturer’s representative.|
|e.||"Ordering" (and correspondingly "Order") means WTH selecting and placing orders from an Ontario Winery through its licensed on-site winery retail store, for wine on behalf of and as agent for each Member, according to the membership selection(s) made by the Member at the time of purchase. Product is purchased from the Ontario Winery by the Member through WTH.|
|f.||"Private Residence" means a private "residence" as defined under s.31(1) of the Liquor Licence Act R.S.O. 1990 c.L-19.|
|g.||"Record" means for WTH to have recorded which respective wines pertain to which Order from a specific Member, and to have recorded the means and fact of full payment for said Order from the Member.|
|h.||"Sold Product" means wine that has been purchased by the Member from an Ontario Winery through the Club and which has been paid for by the Member for whom the wine was Ordered, and which is accordingly owned by that Member.|
|a.||Each Member hereby appoints WTH as its representative and agent for the provision of services in accordance with the terms and conditions of this Agreement. WTH hereby accepts that appointment.|
|b.||The Club's services shall be furnished in a manner consistent with good sales procedure and customer relations. The Club is mandated by each of the Members to Order wine on each Member’s behalf in accordance with their membership selection(s) and to allocate and deliver, or arrange for the delivery of, wine for each Member in accordance with the Orders made by those Members.|
|c.||The selling price for wine is for the product and for the Club services provided for its purchasing, allocating and delivering the wine to each Member.|
|d.||Each Member acknowledges that the Club is providing them with a valuable selection, purchasing, allocation and delivery service for which the Club is entitled to collect a payment from each Member.|
|a.||Each Member acknowledges that wine the Member is purchasing is being selected by the Club on the Member’s behalf from the Ontario Wineries, in accordance with the Member's membership choices made at the time of purchase.|
|b.||Members shall not sell either among themselves or to any third party, any of the wine acquired or received in accordance with this Agreement.|
|c.||Members must be at least 19 years of age.|
|d.||Members or their designated substitutes (who must also be 19+ years of age) must be present at the Delivery Address to receive wine selected, Ordered, allocated and delivered in accordance with these terms, and must not appear intoxicated. If so, the delivery may be withheld.|
|e.||Upon delivery, Members (or their designated substitute) must sign the confirmation of receipt form presented to them at the time of delivery. Each Member agrees that its signature certifies: (a) that the beverage alcohol product has been paid for; and (b) that the Member (or its designed substitute) is of legal drinking age (19+) in Ontario.|
|a.||Wine is being sold to each Member by the Ontario Wineries through the Club. The vendor of the wine will accept and fulfill Orders on behalf of each Member for specific wines Ordered. The Club will Record the details of each Order accordingly, and will have received and processed payment on behalf of each Member.|
|b.||In order to facilitate the Ontario Winery furnishing the wines in accordance with the Ordering, the Club shall Record which respective wines pertain to which Order from a specific Member, and shall confirm in those Recordings the means and fact of full payment for said Order. These records will confirm that the purchase and sale for those bottle(s) in that case has been completed and that the bottle(s) in the case now constitute Sold Product. The records shall be electronically traceable to each specific Order and will confirm that the purchase and sale for that individual bottle has been completed and that said Order constitutes Sold Product. The records will be transmitted to the Ontario Winery and will be attached to each case of the Sold Product.|
It is acknowledged that the Club's records will reference at least the following information, either explicitly or electronically:
|d.||Payment will deemed to have been made for the wine upon the Club's receiving the Member's Visa or Master Card or other financial approval or payment.|
|e.||Upon the Ontario Winery furnishing wine pursuant to the Orders, and after Recording the Order, the Club shall then deliver or arrange for the delivery of the Sold Product according to the terms of the Order, to the Delivery Address provided by each Member. The shipping of Sold Product from different Ontario Wineries Ordered by the same Member may be combined for efficient delivery.|
|a.||Each Member acknowledges that the Club is not guaranteeing the quality, value or market-price of any wine, cheese or other foodstuff. While the Club makes every effort to protect the integrity of each shipment’s contents during shipment, the Club is not responsible for wine, cheese or other foodstuffs that are damaged by extreme weather conditions or breakage during shipment.|
|b.||THE CLUB WILL NOT BE LIABLE FOR ANY LOSS OR INJURY TO GOODS HOWEVER CAUSED UNLESS SUCH LOSS OR INJURY RESULTED FROM THE FAILURE BY THE CLUB TO EXERCISE SUCH CARE IN REGARD TO THEM AS A REASONABLY CAREFUL PERSON WOULD EXERCISE UNDER LIKE CIRCUMSTANCES AND THE CLUB IS NOT LIABLE FOR DAMAGES WHICH COULD NOT HAVE BEEN AVOIDED BY THE EXERCISE OF SUCH CARE.|
|c.||IN NO EVENT SHALL THE DAMAGES FOR WHICH THE CLUB MAY BE LIABLE EXCEED THE PURCHASE PRICE FOR THE BOTTLE(S) OF WINE OR SELECTIONS OF CHEESE OR OTHER FOODSTUFF IN RESPECT OF WHICH FOR WHICH DAMAGES ARE CLAIMED.|
The procedures, policies, structures and methods for the selection, purchase, storage and delivery of wine in Ontario by the Club, and all Club materials provided to a Member, constitute confidential information proprietary to the Club. No Member may disclose same to any third party. All information provided by a Member to the Club, including Member's Orders, will be subject to applicable privacy of information laws. Please also see our Legal Policies.
Nothing in any arrangement between the Club and any Member will constitute a partnership, nor be interpreted to do so. Nor shall a Member represent the Club or claim to do so. Except for the agency appointment set out in this agreement, it is acknowledged that the Club and each Member are independent contractors who may not bind each other to any commitment, except that the Club may bind any Member in the Ordering of wine.
|a.||Either party has the right to terminate this agreement on sixty (60) days notice. If a Member has breached the terms and conditions hereof, the Club has the right in conjunction to summarily disqualify the Member and terminate this Agreement.|
|b.||This agreement shall be deemed to automatically come to an end without any further obligation of any party in the event that the LCBO, AGCO or other body with jurisdiction, should identify any regulatory issue for the Club which cannot be accepted or which the Club is unwilling or unable to rectify, amend or alter.|
All disputes arising out of or relating to these agreements shall first be resolved by good faith negotiations between the Member and the Club. Failing which, all disputes shall be determined by arbitration in accordance with the Arbitration Act, 1991, S.O. 1991, c.17. Such arbitration shall be private and confidential, and there shall be no appeal therefrom, including, without limitation, any appeal to a court on a question of law, a question of fact, or a question of mixed law and fact.
No Member shall have the right to assign any rights it has under this agreements, to any individual, firm or corporation who is not already a Member, unless the Club's consent is first obtained in writing, which consent may be arbitrarily withheld. Each Member agrees that the Club may assign and transfer its rights to any associated or affiliated corporation, provided that the assignee is owned and controlled by the same shareholders and provided that the assignee fully accepts the assignor's obligations hereunder.
The parties hereto shall execute any further documents that may be required to more fully effectuate the terms of this agreement. This agreement is the entire agreement between the parties with respect to the subject matter hereof, and no amendment, modification, waiver or termination of this agreement or any of its provision shall be binding upon the parties unless confirmed by instrument reduced to writing. No waiver of any provision of this agreement shall affect the rights of the parties hereto to enforce any other provision of this agreement. The headings herein are used for ease of reference only and shall not be used in the interpretation of this agreement. If any of the provisions hereof are found to be unenforceable, they shall be severed from this agreement without affecting the validity of that which remains. This agreement shall enure to the benefit of the parties hereto and their respective subsidiaries, affiliates, heirs, successors, legal representatives or permitted assigns. This agreement shall be interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, and the parties hereto hereby irrevocably attorn to the jurisdiction of the courts of the Province of Ontario.
Wine Shipping Law in Canada has changed, so that we are now able to ship to addresses in British Columbia, Manitoba and Nova Scotia as well as in Ontario.
Our Club pricing includes shipping costs, however, due to higher shipping costs to some locations in each province, a Shipping Surcharge applies – contact office for details. Such surcharges will be processed within 24-48 hours after placement of an online order.
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