Last Updated: May 28, 2020
Welcome! swirl-sip.com and/or its subsidiaries (collectively, “Swirl & Sip”) provide website features, products, and services to you when you visit or shop at swirl-sip.com, or use other Swirl & Sip products, services, websites, or mobile applications (collectively with swirl-sip.com, “Swirl & Sip Services”) – all of which are subject to these Conditions of Use. We reserve the right to modify these Conditions of Use at any time and without notice to you. By visiting Swirl-sip.com or using other Swirl & Sip Services, you agree to these Conditions of Use. Please read them carefully.
We may offer a wide range of Swirl & Sip Services, and sometimes additional terms may apply. When you use a Swirl & Sip Service (for example, Swirl & Sip mobile applications) you also will be subject to the guidelines, terms, and agreements applicable to that particular Swirl & Sip Service (“Service Terms”). If any Service Terms are inconsistent with these Conditions of Use, the Service Terms will control.
LICENSE AND ACCESS
Subject to your full compliance with these Conditions of Use and any applicable Service Terms, and your payment of any applicable fees, Swirl & Sip grants you a limited, non-exclusive, non-transferable, non-sublicensable, and fully revocable license to access and make personal, non-commercial use of the Swirl & Sip Services. For swirl-sip.com specifically, the license to access swirl-sip.com is solely for the purpose of shopping for items for personal use sold on swirl-sip.com and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance and at our sole discretion. The license granted herein does not include: any resale or commercial use of any Swirl & Sip Service or its contents; any collection or use of any product listings, descriptions, images, or prices; any derivative use of any Swirl & Sip Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots (bots), or similar data gathering and extraction tools.
All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Swirl & Sip or its licensors, suppliers, publishers, rightsholders, or other content providers. No Swirl & Sip Service, nor any part of any Swirl & Sip Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Swirl & Sip. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Swirl & Sip without express written consent. You may not use any meta tags or any other “hidden text” utilizing Swirl & Sip’s name or trademarks without the express written consent of Swirl & Sip. Swirl & Sip reserves the right to refuse service, terminate accounts, and/or cancel orders at our sole discretion, including, without limitation, if we believe that customer conduct violates these Conditions of Use, applicable law, or is harmful to our interests. In other words, you may not misuse Swirl & Sip Services.
TERMS OF PURCHASE
All purchases of any product (the “Product”) on this Website are subject to the Terms. When you use the Website to purchase any Product, you represent and warrant to us that you: (a) are 21 years of age or older, (b) are a legal resident of the United States, (c) have not previously materially breached the Terms in connection with prior Product purchases, and (d) have the full power and authority to enter into and perform these Terms, and doing so will not violate any other agreement to which you are a party. We reserve the right to modify these Terms from time to time in our sole discretion and will not specifically notify you of those modifications unless they affect your order. The version of the Terms in effect at the time submit your order is the version of the Terms that applies to that order. Accordingly, you should review these Terms prior to each order. If you do not agree to the modified Terms, then you may not submit orders or purchase Products.
PAYMENT AND BILLING INFORMATION
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (and our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes, delivery charges, and other charges). When you submit an order for multiple Product shipments over time (e.g. our Bottle of the Month wine club, which is charged monthly), you authorize us at the time you submit the order to charge your payment method for the full amount of each shipment under that order at or around the time of such shipments (including the Product prices, taxes, delivery charges, and other charges applicable at the time of shipment). If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter so that we may proceed with your order. If you fail to pay any fees or charges when due, you authorize us to charge such amount directly to the payment method you used for your order. You are responsible and liable for any fees, including attorneys’ fees and collection costs, that we may incur in our efforts to collect any unpaid balances from you.
We will collect applicable sales tax on Products shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted to comply with our obligations to collect such taxes.
If you are dissatisfied with any Product you purchased through the Website, you may return the Product (which must be in new and unused condition in its original packaging) within thirty (30) days from the date on which you received the Product by contacting us at email@example.com. After we receive your returned Product, we will issue a refund for the price you paid for the Product on the original payment method used.
In addition, we will replace any bottle of wine that is determined to be flawed (corked, oxidized, etc.) with another bottle of the same wine as a replacement. The unopened bottle must be returned in order to receive the replacement. Unfortunately, we are not able to replace wines without the original opened bottle and its contents.
We are not able to refund opened bottles of wine based on personal preferences.
If you do not comply with the terms of this section, you will be ineligible to receive a refund.
DELIVERY OF PRODUCTS
You are responsible for verifying the accuracy of the delivery address and for ensuring that someone 21 or older receives the Product. If someone 21 or older is not there, we cannot deliver. We will have to reschedule delivery and new delivery charges may be incurred.
Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver (over the age of 21), such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself.
You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. You should always inspect your delivery to confirm that the Product is in proper condition. Following delivery, you are solely responsible for the proper and safe storage of the Product.
In order to purchase Products, you must provide certain information for us to fulfill the order, including but not limited to name, physical address, email address, and phone number, as well as credit card information for payment. You agree to provide accurate, current, and complete information and to update such information from time to time as necessary for us to fulfill orders.
When you submit an order to purchase Products via the Website, we will share the information you provide with one or more third-party contractors whom we have engaged to assist us in connection with Product transactions (e.g., credit card transaction processing services, website services, and order fulfillment services). You consent to our using and sharing the information you have submitted as necessary and appropriate to perform our obligations to you for your order, but we will only use your personally identifiable information and payment account information for purposes of fulfilling your orders for Products from us. We will not sell any of your personally identifiable information or payment account information to any third party (except in connection with a sale of our business), and we will not share your information with third-party advertisers.
In addition, by creating an account or signing up for our mailing list, you also consent to receive communications from us relating to your account, these Terms, your orders, our Products, and our periodic newsletters or promotions. You may opt out of receiving promotional communications, but may not opt out of receiving communications relating to your account, these Terms, and any of your orders for Products. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.
THE SALE OF ALCOHOLIC BEVERAGES
swirl-sip.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, and that the person receiving a shipment of alcoholic beverages from swirl-sip.com is over the age of 21. You also agree that any alcohol purchased from swirl-sip.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, you will be prosecuted to the fullest extent allowable by law.
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. swirl-sip.com does not sponsor or endorse any of these companies or their services.
REVIEWS AND COMMENTS
If allowed by Swirl & Sip, you may, as applicable, post reviews, comments, photos, videos, and other content; and submit suggestions, ideas, comments, questions, or other material or information (collectively, “Content”), so long as the Content complies with our Community Guidelines and is not otherwise illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable.
If you do post or submit Content, and unless we indicate otherwise, you grant Swirl & Sip a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such Content throughout the world in any media. You also grant Swirl & Sip and sublicensees the right to use the name that you submit in connection with such Content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the Content that you submit; that the Content is accurate and will not cause injury to any person or entity; and that you will indemnify Swirl & Sip for all claims resulting from Content you supply. Swirl & Sip has the right but not the obligation to monitor, edit, or remove any activity or Content. Swirl & Sip takes no responsibility and assumes no liability for any Content posted by you or any third party and may not review posted Content.
You may need your own Swirl & Sip account to use certain Swirl & Sip Services, and you may be required to be logged in to the account. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. You shall immediately notify us of any actual or suspected unauthorized use of your password or Swirl & Sip account. We have no obligation to investigate the authorization or source of any such access or use of Swirl & Sip Services. Swirl & Sip does not sell products or services to children, but we do sell them to adults, who can purchase with a credit card or other permitted payment method. If you are under 21, you may not use the Swirl & Sip Services. Swirl & Sip reserves the right to refuse service, terminate accounts, terminate your rights to use Swirl & Sip Services, remove or edit content, or cancel orders at its sole discretion.
INTERNATIONAL ACCESS; SANCTIONS & EXPORT POLICY
Swirl & Sip Services may be accessible from countries other than the United States and its territories and may contain products or references to products or services that are not available outside of the United States or its territories. Any such access or reference does not imply that such products or services will be made available outside the United States or its territories. If you access and use Swirl & Sip Services outside the United States or its territories, you are responsible for complying with all applicable laws and regulations.
You may not use any Swirl & Sip Services if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Swirl & Sip Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Swirl & Sip software), technology, and services.
When you use Swirl & Sip Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications (including marketing communications, unless you have opted-out where applicable) from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Swirl & Sip Services. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
COPYRIGHT & TRADEMARKS
All content included in or made available through any Swirl & Sip Service, such as text, graphics, logos, button icons, images, audio, video, and software is the property of Swirl & Sip or its content suppliers; and the compilation of all content included in or made available through any Swirl & Sip Service is the exclusive property of Swirl & Sip and is protected by United States and international copyright laws, as applicable. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Swirl & Sip Service are trademarks or trade dress of Swirl & Sip in the U.S. and other countries. The use of any of our intellectual property without our express written consent is strictly prohibited. Swirl & Sip’ trademarks, trade dress, and other intellectual property may not be used in connection with any product or service that is not Swirl & Sip’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Swirl & Sip. All other trademarks not owned by Swirl & Sip that appear in any Swirl & Sip Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Swirl & Sip. You may not use any of our trademarks or service marks in meta tags without our prior explicit consent.
We respect the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
PRODUCT DESCRIPTIONS; TYPOGRAPHICAL ERRORS; SITE CONTENT
Swirl & Sip attempts to be as accurate as possible. However, Swirl & Sip does not warrant that product descriptions or other content of any Swirl & Sip Service is 100% accurate, complete, reliable, current, or error-free. If a Product offered by Swirl & Sip is not as described, your sole remedy against us is to return it in unused condition and request a refund for such item. If any other Swirl & Sip Service is not as described, your sole remedy against us is to request a refund for such Swirl & Sip Service.
In the event a product or service is listed at an incorrect price or with incorrect information (due to typographical error or error in pricing or product information received from our suppliers), we shall have the right to refuse or cancel any orders placed for such product or service. We 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, we will issue a credit to your credit card account in the amount of the charge.
Content provided on swirl-sip.com is solely for informational purposes. It is your sole responsibility to consult a licensed physician or qualified health care professional for advice, diagnosis, and/or treatment of any health-related condition before using our products or services. User submissions or opinions expressed on Swirl & Sip Services are that of the individual expressing such submission or opinion and may not reflect our opinions. Product representations expressed on Swirl-sip.com are that of the vendor and are not made by us, unless otherwise noted.
Our websites may contain links or ads to other sites that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of, or content located on or through, any such site, and the inclusion of third-party sites does not imply endorsement by Swirl & Sip.
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate or revoke any or all of your permissions granted under these Conditions of Use. Upon such termination or revocation, you shall immediately cease all access to and use of all Swirl & Sip Services, and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of swirl-sip.com or any other Swirl & Sip website in whole or in part. Any termination of these Conditions of Use shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
DISCLAIMER AND LIMITATION OF LIABILITY
SWIRL & SIP SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH SWIRL & SIP SERVICES ARE PROVIDED BY SWIRL & SIP ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SWIRL & SIP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF SWIRL & SIP SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH SWIRL & SIP SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF SWIRL & SIP SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, SWIRL & SIP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, DATA ACCURACY, DATA SECURITY, AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SWIRL-SIP.COM MAY INCLUDE INACCURACIES, MISTAKES, OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. SWIRL & SIP DOES NOT WARRANT THAT SWIRL & SIP SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH SWIRL & SIP SERVICES, SWIRL & SIP’S SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM SWIRL & SIP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, SWIRL & SIP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SWIRL & SIP SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SWIRL & SIP SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AMOUNT YOU PAID US FOR THE APPLICABLE PRODUCT OR SERVICE.
MODIFICATION & SEVERABILITY
We reserve the right to make changes to our websites, policies, Service Terms, and these Conditions of Use at any time and without notice to you. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Swirl & Sip LLC, 2905 District Ave #112, Fairfax VA 22031