Terms and Conditions
Terms of Service
Westlife Imports, LLC (collectively “Westlife Imports”, “we”, “us”, or “our”) website located at Westlifeimports.com and Westlifedirect.com (“the Site”). Westlife Imports operates and provides “Services” through the Site.
Westlife Imports reserves the right to terminate any user’s account for any violation of these Terms, or other terms stated on Westlife Imports Sites & Services.
Eligibility & Age Requirements
The Site is intended to be used and accessed by persons who are of legal age to purchase and consume alcohol. You must be 21 years old or older (“Legal Age”) to use this Site. If you are not of Legal Age, please exit the Site immediately. By continuing, you affirm that you are of Legal Age.
Wine may only be sold and delivered to individuals twenty-one years or older in the United States. There must be an adult of Legal Age present to sign for all Westlife Imports shipments. Each purchaser represents that: (1) he/she is at least of Legal Age; and (2) the person to whom any wine will be delivered is also of Legal Age. At the time of delivery, any domestic U.S. shipment arranged by Westlife Imports containing an alcohol beverage product will require the signature of an adult possessing identification proving he or she is at least of Legal Age. Further U.S. law requires that no delivery shall be made to a visibly intoxicated person.
Westlife Imports’ Services are presented solely for the purpose of promoting products and services available in the United States. If you access our Services from locations outside the United States, you do so at your own risk, and you are responsible for compliance with any applicable local laws.
You may be able to navigate and review Services on the Site without registering to create an “Account.” However, certain Services (like making a wine purchase) will require you to create an Account. If you create an Account, you are solely responsible for any activity that occurs through your Account. In order for us to provide you the best possible service, you agree to provide us with complete, accurate, and updated information for your Account at all times. If any information is incorrect or outdated, it can lead to errors or delays, for which we will not be responsible (for more information and details, refer to the Getting Your Westlife Imports Wines section below).
You should not share your Account information, username, or password, or use another person’s Account or registration information for our Services without permission. Similarly, no one else should use your Account without your explicit permission. You are solely responsible for keeping your Account and its password secure, and for any consequence resulting from your failure to do so. You should never publish, distribute, or post login information for your Account.
You can always delete the personal information from your Account by emailing us at Help@westlifeimports.com
Creating an Account
You must create an Westlife Imports Account to place an order through our Services. You may create an Account by providing requested registration information. It’s important that you provide us with accurate, complete, and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date.
Due to restrictions of many state laws, we only ship wine to those states where direct shipment of wine to consumers is permitted by law; currently we cannot ship to UT, AR, MS, AL, KY, DE, & RI AS WELL AS CERTAIN ZIP CODES IN FL, NH, CT, WV. This list is subject to change without notice. If your state is not on this list, visit www.freethegrapes.org for more information on changing the laws in your state. In addition, each state imposes certain limitations on the amount of wine any particular resident may receive by direct shipment. Certain states also have dry areas to which alcohol cannot be shipped, so there are certain zip codes where we cannot ship. To ensure that you are able to order wine for direct shipment from our website, please consult the specific state requirements for your state.
We’ll need your name, mailing address, age, and telephone number to complete your order and send your Westlife Imports purchase. Due to direct shipping laws and regulations, Westlife Imports may be unable to arrange the shipment of wine by you to certain states or to prohibited “dry” regions within certain states. The laws, regulations, and court decisions affecting the interstate shipment of wine are in constant flux and may change at any time. Order recipients must be residents of the United States in a state and/or zip code where it is legal to directly ship wine.
We encourage all Westlife Imports customers to ship to their work addresses. As there needs to be someone to receive and sign the package that is at least of Legal Age, shipping to your work address greatly increases your chances of receiving your wine on time.
After making wine order selections and providing us with delivery information, you will see a prompt for your payment details, such as your credit card information and any promotional codes or gift cards you may have. By entering your payment information and submitting your order, you authorize us and our third-party payment processors to charge the amount of the order to your selected payment method. Payment is due upon placing your order.
Risk of Loss
The risk of loss and title for all products you order passes to you upon our delivery to the carrier (such as GLS, UPS or FedEx).
Electronic Gift Cards
When Electronic Gift Card (“Gift Cards”) are available for purchase, Gift Cards and their use are subject to these Terms. In order to make a Gift Card purchase, you will need to provide certain information about the Recipient, including but not limited to, recipient email address, recipient name, and a valid form of Payments (as described above). The value of the Gift Card will show up in the recipient’s Account as an Account Credit, if the recipient previously registered an Westlife Imports Otherwise, the Gift Card may be submitted as a form of payment at the time of an Westlife Imports purchase.
In order to redeem a Gift Card, the recipient must a resident of the United States in a state where it is legal to directly ship wine and again be at least of Legal Age. Gift Cards must be redeemed toward the purchase of eligible products on Westlife Imports Sites. Purchases are deducted from the Gift Card balance. Any unused Gift Card balance will be placed in the recipient's Westlife Imports account as credit. If an order exceeds the amount of the Gift Card, the balance must be paid with a valid form of payment.
Gift Cards are only redeemable if purchased through our Site. We take no responsibility for gift cards purchased from unauthorized resellers and reserve the right to refuse, cancel, or hold gift cards and orders for suspected fraud, for cards mistakenly issued in an incorrect denomination, or for other violations of gift card policies.
Customer Satisfaction & Commitment to Quality
If you’re not satisfied with your Westlife Imports purchase for whatever reason, please contact firstname.lastname@example.org explaining the reason for your dissatisfaction. Each situation will be reviewed on an individual basis in light of facts and circumstances of that case and resolved promptly. We may make arrangements for a return, or re-shipment, if we deem it appropriate. As a condition of receiving credit towards a future purchase or re-shipping, we may require you to return the wine product to Westlife Imports. Subject to the conditions set forth herein and as decided in our sole discretion, we may give you as a sole remedy, a refund in the amount equal to the price of the product, plus applicable taxes, by providing you with an account credit. Gift Cards are non-refundable.
TRADEMARKS, COPYRIGHT, AND INTELLECTUAL PROPERTY
All of the content that appears on the Services, including all designs, illustrations, icons, photographs, video clips, and written materials, as well as the compilation of the website, Services, and other materials, are the exclusive property of Westlife Imports or our licensors, and is protected by the United States and international copyright laws. All trademarks, service marks, and trade names that appear on the Services and the overall “look and feel” of the Sites and Services are proprietary to Westlife Imports or our licensors.
You may not display, reproduce, or otherwise use the content or materials on the Services without first receiving written consent from us. You may not remove or otherwise modify any legal or trademark notices from any content we make available through the Services.
Any unauthorized use of any content or materials on the Services is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
Please email email@example.com if you would like to request authorization to use the materials or content on our Site or Services.
Subject to your complete and ongoing compliance with these Terms, you have the right to access and use the Services solely for your personal, non-commercial use. This right will allow you to use and enjoy the benefit of the Services as we provide them, in the manner we permit through these Terms.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use or engage with the Platform if you are under twenty-one (21) years of age. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of twenty-one (21) years. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in New York, New York before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Westlife Imports’ principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
We love your feedback and input! Thus, you may see areas on our Site where you can post information or communicate with us or other users. We hope you will use these tools to meet the rest of our community and give us your feedback. These areas include but are not limited to social media posts, comment areas, and product review areas.
“User Content” is any public communications or any other material you submit, distribute, transmit, or post to Westlife Imports through the Services or Site. You will keep all ownership of and license rights in your User Content although, by providing content to us, you may grant us a license to use it, as we’ll discuss here.
When you submit, distribute, transmit, or post User Content, you give us a right and license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your User Content in any and all media formats or distribution channels. You agree that this license includes the right for Westlife Imports to use your User Content to provide, promote, and improve the Services. You agree that this license is irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, and royalty-free, and will survive termination of your Account.
Please note that we may use User Content without compensation of any kind to you, including if we use User Content for advertising or promotional purposes. You also agree that if your User Content contains any ideas, concepts, know-how, or techniques, we can use the User Content and anything it contains for any purpose including, but not limited to, developing, manufacturing, and marketing products.
In addition to giving Westlife Imports a license, you also give each user of the Services an irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, and royalty-free right and license to access your User Content through the Services and to use, edit, modify, publish, reproduce, distribute, prepare derivative works of, display, perform, adapt, and promote such submissions, including after any termination of your Account.
If you don’t agree to these conditions, then please don’t provide the materials to us.
When you submit User Content, you represent and warrant that:
- You hold all necessary right, title, and license to such materials (in other words, you own it or have the right to give it to us).
● Your submission of such materials to Westlife Imports does not and, when used by Westlife Imports as authorized under these Terms, will not violate or infringe the rights of any third-parties, including any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights (i.e. you didn’t take it from someone else without permission).
● All User Content you provide is accurate, complete, up-to-date, and not misleading.
In addition, any User Content must not:
- Include any profanity or obscene, indecent, or pornographic material;
● Contain any unauthorized or unsolicited advertising, such as spam (no one likes spam);
● Contain software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of ours or of any third party;
● Impersonate any person or entity (we like you just the way you are!); or
● Include anyone’s identification documents or sensitive financial information.
We may review content on the Services, but we do not have an obligation to do so. We reserve the right to review, remove, block, or modify any content on the Services, including User Content, without notice or further obligation to you.
You agree to defend, indemnify and hold harmless Westlife Imports and its officers, investors, employees, agents, licensors, and content providers against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms, or your use of Westlife Imports Sites or Services.
Your use of the site is at your own risk. The site is provided on an as-is and as-available basis. We disclaim all warranties, express or implied, including, without limitation, warranties of non-infringement or title, quality, performance, merchantability, fitness for a particular purpose, security, and accuracy. We also make no warranties as to the availability or security of the site or whether the information on the site is accurate, complete, or current. The site and everything on it is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Disclaimer and Limitation of Liability
You agree that we, including any of our affiliates and content providers and any of the respective officers, directors, employees, or agents, will not be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages (including without limitation, damages for lost profits, business interruption, or loss of information) under any contract, negligence, strict liability, or other legal theory arising out of the use or inability to use this site, the material on the site, and/or any linked site, even if we have been advised of the possibility of such damages.
EXCEPT WITH RESPECT TO LOSS OR DAMAGE ARISING FROM THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF WESTLIFE IMPORTS, ITS AGENTS, REPRESENTATIVES, OR EMPLOYEES, IN NO EVENT SHALL WESTLIFE IMPORTS BE LIABLE FOR ANY LOSSES OR DAMAGES OF ANY NATURE WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL, ARISING OUT OF OR IN ANY WAY CONNECTED WITH, ANY HANDLING, STORAGE, OR TRANSPORTATION OF THE CUSTOMER'S WINE AFTER DELIVERY OF POSSESSION OR CONTROL THEREOF TO WESTLIFE IMPORTS OR TO ITS AGENTS, REPRESENTATIVES, OR EMPLOYEES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WESTLIFE IMPORTS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE. BECAUSE SOME STATES/COUNTRIES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NOTWITHSTANDING, AND WITHOUT LIMITING, THE FOREGOING, THE TOTAL LIABILITY OF WESTLIFE IMPORTS FOR ANY REASON WHATSOEVER SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER TO WESTLIFE IMPORTS ON ACCOUNT OF THE STORAGE OF THE LOST OR DAMAGED WINE.
The parties will attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to these Terms. Either party may initiate negotiations by providing written notice in letter form to the other party, setting forth the subject of the dispute and the relief requested. The other party will respond in writing with a statement of its position on, and recommended solution to, the dispute. If such dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of these terms to negotiate or arbitrate, remains unsettled following such negotiation, the matter shall be determined by arbitration in San Francisco, California, before a sole arbitrator, in accordance with the rules of the American Arbitration Association. The arbitrator shall allocate all of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys' fees of the prevailing party, against the party who did not prevail. The parties hereby agree, however, that the arbitrator is not empowered to award damages in excess of those specified above and hereby expressly waive and forego any right to punitive, exemplary or similar damages in arbitration.
The parties hereby agree to have all disputes, claims or controversies arising out of or relating to these terms decided by the negotiation and arbitration procedures described above, and waive any rights they might possess to have those matters litigated in a court or jury trial. Each party acknowledges that if it refuses to submit to negotiation and arbitration after agreeing to this provision, it may be compelled to arbitrate under federal or state law. Furthermore, each party acknowledges that none of the foregoing shall limit the parties' rights as described in these Terms. Notwithstanding the foregoing, either party may apply to any court of competent jurisdiction for preliminary or interim equitable relief, or to compel arbitration in accordance with this section, without breach of this arbitration provision.
Any notice given under these Terms or pursuant to law must be in writing and will be sufficient if personally delivered, sent by regular, certified or registered mail, email or website posting by Westlife Imports to this website. Notifications shall be sent to the physical or email address of record for the purchaser or, if to Westlife Imports, 6200 Stoneridge Mall Rd, Suite 300, Pleasanton, CA 94588
Changes to Terms
Westlife Imports reserves the right to make changes to these Terms of Service at any time. If you wish to terminate your Account due to a modification or change of these terms, please contact firstname.lastname@example.org