Terms and Conditions
By signing the Membership Application you acknowledge and agree that you have read these Terms and Conditions (the “Terms”), understand them, and agree to be legally bound by them. If you have any questions with respect to these Terms, please ask a staff member or contact The Vault Wine Bar at (567) 292-9081. Your acceptance of these Terms creates a binding contract governing the terms of your membership in the The Vault Wine Bar Gold Club (the “Club”) and no other statements, representations, materials or related information will alter or amend these Terms, except as specifically referenced in these Terms and such revisions to these Terms instituted by The Vault Wine Bar as in accordance with these Terms.
- Membership Benefits; Accounts. Subject to such limitations and exceptions as applicable, including as otherwise set forth in these Terms, Club members are entitled to receive selected monthly wines (or such other designated wines as applicable to the particular membership of the member) and additional Club member benefits as provided from time to time by The Vault Wine Bar. The member benefits are presented in more detail on The Vault Wine Bar Gold Club Benefits page available under the Wine Club tab at The Vault Wine Bar’s website located at www.vaultwinebar.com (the “Website”). Only individuals, and not corporations or businesses, are eligible to enroll as members. Only one person can be enrolled per Club membership, and accounts under the same name and address will automatically be combined. Notwithstanding anything published to the contrary with respect to Club benefits, not all Club membership benefits are the same for all members, and some special promotional offers, benefits and communications may be based on Club participation, information supplied by the member or the volume or type of purchases made by a member. You must present your Vault Wine Bar Gold Club membership number with every transaction in order to assure accurate tracking of your membership benefits. In order to be eligible for membership benefits your account must be (1) open, (2) in good standing and (3) current membership fees must have been paid. Abuse of Club membership (for example, by failing to follow the Terms, allowing others to use your membership number or other improper conduct as determined by The Vault Wine Bar in its sole discretion) may result in termination of your membership and disqualify you from future Club participation. In the event of any issues or discrepancies regarding membership benefits, The Vault Wine Bar must be notified within 90 days of your original transaction by calling (567) 292-9081.
- Monthly Wine Availability. All Club members acknowledge that the selected monthly wines provided to Club members are limited in quantities and may not always be available at the time of your pick-up, especially in the event that you do not pick up your wine in the month for which such wine was offered. In all cases, The Vault Wine Bar, in its sole discretion, may substitute other wine for any wine that is no longer reasonably available, without any adjustment or refund. In addition, certain Club members may select and receive available alternative wine varieties different from the monthly selected wine based on Club membership.
- Fees. All fees for Club memberships and associated charges are automatically billed to your credit card. Fees are charged on the last business day of the month preceding the month when the wine is available for pickup. All fees charged, are non-refundable except as expressly set forth in these Terms. Notwithstanding when fees are billed to a member, all Club benefits are activated promptly following registration in the Club, except that a member will not receive his or her monthly wine until the next month after registration.
- Membership Term, Changes and Renewal: All memberships are on a month to month basis, and your membership automatically renews each month on the first day of the month. If you wish to cancel your membership, you must let us know at least three (3) days before the end of the month preceding the month for which your cancellation is to be effective, and any fees already charged for any membership are non-refundable. In addition, it is your responsibility to inform The Vault Wine Bar of any changes to your membership record and information. Changes to your membership account, information, and cancellations may be submitted in person or by calling The Vault Wine Bar at (567) 292-9081. All changes, including cancellations, must be received at least three (3) days prior to any charge in order to be effective to avoid that charge. Fees will be due for any cancellations or changes not submitted prior to the Club’s processing time for a particular charge, as specified above.
- Limitations; Legal Compliance. Member discounts and benefits are not valid with other special offers or discounts offered. Member benefits are non-transferable. Membership in the Club is void where prohibited, and by joining the Club, you represent that your membership in the Club and receipt and use of any goods, services or other items received through the Club does not and will not violate any applicable law or regulation. You agree to comply with all applicable laws, rules and regulations, including without limitation, laws governing the possession and use of wine and alcoholic beverages. Wines will be provided only to persons who are at least 21 years old. In joining the Club, you represent to The Vault Wine Bar that you are at least 21 years old. When your wine is picked up, the person receiving the product will be required to show identification proving Club membership and that he or she is at least 21 years old. Wines provided by the Club are not for resale and are for personal consumption only. The Vault Wine Bar has the right to terminate or suspend the Club, or your membership in the Club, at any time and for any reason whatsoever, including, without limitation, following a change in law.
- Unavoidable Delay. In the event of any circumstances outside of the control of The Vault Wine Bar and which prevent, hinder or delay The Vault Wine Bar from performing its obligations, including but not limited to acts of God, earthquake, flood, severe weather conditions, or other natural calamity, strikes, insurrection or acts of terror, governmental action or inaction, including delays or failure to issue permits and authorizations or an inability to obtain supply and materials, The Vault Wine Bar’s obligations will be suspended for the term of such event or The Vault Wine Bar may elect to cancel the Club or Club membership for the affected members.
8. Disclaimer. YOU UNDERSTAND AND AGREE THAT YOUR MEMBERSHIP IN THE CLUB, THE GOODS AND SERVICES PROVIDED BY THE VAULT WINE BAR AND ALL OTHER BENEFITS RELATED TO THE CLUB ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE VAULT WINE BAR, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THE VAULT WINE BAR WILL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR RELATED TO YOUR MEMBERSHIP IN THE CLUB OR ANY GOODS, SERVICES OR BENEFITS YOU RECEIVE OR FAIL TO RECEIVE FROM THE CLUB, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT THE VAULT WINE BAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. By joining the Club, you agree to defend, indemnify, and hold harmless The Vault Wine Bar and its affiliates, and their respective owners, officers, directors, employees, representatives and agents, from and against any and all losses, claims, damages, costs and expenses related to your misrepresentation as to any information provided to the Club, your breach of any of these Terms or any misuse of any goods, services or other benefits of Club membership.
- Personal Information. The Vault Wine Bar requires certain personal information from you to verify and administer your Club membership, and you agree that you have freely provided that information. Any personally identifying information you provide to The Vault Wine Bar or affiliated companies may be used for our internal business and for account management, customer service and related purposes; however, your personally identifying information will not be sold, licensed or disclosed to any parties other than The Vault Wine Bar affiliates. You authorize The Vault Wine Bar to send you marketing communications and special offers as part of your membership benefits. To change your Marketing Preferences, please contact The Vault Wine Bar in person or call 567- 292-9081. Notwithstanding any other statements or representations contained here or elsewhere, The Vault Wine Bar reserves its right to disclose any information in its possession if it is required to do so by law or legal process, or if it believes, in good faith, that such a disclosure is necessary to comply with law or legal process, to defend its rights or to respond to an emergency situation. If you are concerned about the information you have provided to The Vault Wine Bar, or have any questions regarding the retention of that information, please contact The Vault Wine Bar at (567) 292-9081. The Vault Wine Bar will make reasonable efforts to resolve any concerns.
- Governing Law; Venue. These Terms are governed by the substantive laws of the State of Ohio, without respect to its conflict of laws principles. You agree to submit to the jurisdiction of the state and federal courts residing in Richland County, Ohio with respect to any dispute, disagreement, or cause of action related to or involving these Terms or the Club. YOU IRREVOCABLY SUBMIT TO THE JURISDICTION OF THE AFOREMENTIONED COURTS AND WAIVE ANY OBJECTION WHICH YOU MAY HAVE AT ANY TIME TO THE VENUE OF ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE CLUB AND YOU IRREVOCABLY WAIVE ANY CLAIM THAT ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
- Miscellaneous. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. No waiver shall be deemed a further or continuing waiver of such term or any other term. These Terms constitute the entire agreement between you and The Vault Wine Bar with respect to your membership in the Club and the goods, services and benefits provided by The Vault Wine Bar and related to the Club.
- Change in Terms. These Terms shall remain in full force and effect while you are a member of the Club, and only The Vault Wine Bar may, in its sole discretion, modify the Terms or add or delete any of the Membership rules, conditions, benefits or rewards, in whole or in part. The Vault Wine Bar may make any such changes at any time, with or without notice, even though such changes may affect the value of frequent diner points already accumulated, the value of the rewards and/or the time of redemptions. Provided, however, that any revision shall not apply to disputes of which The Vault Wine Bar had notice on or before the date the change or revision is instituted. To review the most recent version of these Terms, please regularly visit the Wine Club Terms & Conditions page available under the Wine Club tab on the Website.