OVERVIEW OF OUR TERMS AND SERVICE
Drink EEZY/Drink Wines/Drink.com are all the DBA trade names of Sip and Savor USA.
This website is operated by Drink EEZY and Owned by Sip and Savor. Throughout the site, the terms “we”, “us” and “our” refer to Sip and Savor. Sip and Savor offer this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
Sip and Savor reserves the right to pause or cancel any product featured on its website at any time without giving prior notice to its customers.
Last updated July 1st, 2022
Privacy
Privacy is important to us. For further information about Sip and Savor’s privacy conditions, please refer to our privacy policy located on the footer of the Drink EEZY website. This privacy policy incorporated herein by reference, which applies to the collection, use, disclosure and other processing of personal information by Sip and Savor.
General
Sip and Savor’s passion is to provide an outstanding customer experience for our consumers and members while holding a high level of professionalism. The following terms and conditions (“Terms”) constitute a binding agreement between you and Sip and Savor, its affiliates, and its and their parent and subsidiary companies (collectively, “Sip and Savor,” “we,” or “us”) with respect to your use of this website and any other Sip and Savor owned websites, micro-sites, and social media pages and accounts (collectively, “Sip and Savor Sites”), all Sip and Savor owned mobile applications (collectively, the “Applications”), and the services available on such platforms (together with the Sip and Savor Sites and the Applications, the “Services”), including any Content (as defined below). If you do not agree to these Terms, please do not use or access the Sip and Savor Sites, Applications or Services for any purpose. Additional policies, terms, and conditions applicable to certain Sip and Savor Services, specific areas of certain Sip and Savor Sites or Applications, or to particular content or transactions, may also be posted in particular areas of certain Sip and Savor Sites or Applications and, together with these Terms, govern your use of those areas. Any such additional policies, terms, and conditions are incorporated into these Terms. If any inconsistency exists between these Terms and such additional policies, terms, and conditions, such additional policies, terms, and conditions applicable to those specific areas of the Sip and Savor Sites or Applications will be controlling with respect to those particular areas. Sip and Savor reserves the right to cancel and/or terminate any user’s account for any violation of these Terms or other terms stated on Sip and Savor Sites or Applications. Fraudulent behavior, creating multiple accounts to acquire additional credits, spamming, flaming, excessive use of profanity or abusive language, on Sip and Savor Sites,Applications or any other website in regards to Sip and Savor, or while contacting any of our Member Services team, will not be tolerated.
We don’t support underage drinking. To purchase our products, you must be twenty-one years or older. There must be an adult (21+) present to sign for all Sip and Savor shipments at time of delivery. A valid government-issued ID will be required upon delivery.
Wine sales are solicited, offered, accepted, made, and delivered by licensed wineries, bonded transportation companies or retailers who receive all orders. To address possible state alcoholic beverage law concerns, Sip and Savor pays for new member referrals through an instant rebate that discounts a portion of the price of each item the existing member purchases. Void where prohibited.
Sip and Savor Membership
Membership Program. You must be a Sip and Savor wine member in order to place an order through Sip and Savor wine membership services. You may become a Sip and Savor member by providing the requested registration information and submitting it to Sip and Savor through the Sip and Savor Site or Applications. By becoming a member and placing an order, you agree to receive a shipment of four single-serve bottles or four 750ml bottles of wine that was sourced by Sip and Savor’s team of professional wine curators. You may suspend or cancel your membership at any time if signed up for the month-to-month membership (if valid) Members who sign up for 3-month prepay memberships are committed to 3-months of wine being delivered. Sip and Savor reserves the right to increase or decrease the price of the membership, as well as can add an additional shipping charge to the membership. Taxes may apply based on the shipping address. By becoming a member and providing your membership and credit card information, you authorize Sip and Savor to charge your credit card (including shipping and any applicable tax) for each monthly Sip and Savor Membership wine shipment. Changes to your membership must be provided a minimum of 7 days prior to shipping. This includes the following: account information, payment method, change youraddress, skip a shipment, or to cancel your membership.
Membership Termination. You may cancel your Sip and Savor month to month membership at any time by emailing Sip and Savor. The 3-month pre-pay memberships do not auto-renew. Sip and Savor may terminate your membership and refuse any and all current or future use of your Sip and Savor Membership or Sip and Savor Services, or any portion thereof: (1) in order to comply with applicable laws, (2) if you provide any information that Sip and Savor determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (3) if Sip and Savor determines, in its sole discretion, that you are using your Sip and Savor Membership in a manner not permitted by these Terms, or (4) in other circumstances, as Sip and Savor deems appropriate in its sole discretion.
If you register on the website to become a Sip and Savor member, you agree to complete the registration process according to the requirements stated on the applicable Sip and Savor Services, and to provide accurate and complete information including, but not limited to, your legal name, age, billing address, delivery address (if different), email address, and telephone number. When making a purchase on or through Sip and Savor Services, you must provide accurate and complete information as required when using a credit card or other payment card, including the cardholder name, payment card number, expiration date, and if requested, card security code, at the time of submitting your order form. You represent and warrant to Sip and Savor that your use of a payment card in connection with any purchase you make on or through Sip and Savor Services is authorized and legal. As part of the initial registration process, you must choose a username and a password to use when accessing the Services. For your protection, you must keep your username and password secret. You must immediately notify Sip and Savor if you learn or suspect that the security of your username or password has been breached. You are responsible for any loss or damage arising from your failure to protect your username or password.
Member Information Changes. You are responsible for updating your registration information, and payment service or payment card information, as applicable, and for making sure that the billing address in your registration information is consistent with the billing address for your payment service or payment card. You are also responsible for promptly notifying your payment service or payment card issuer of any changes to your billing information or of any loss, theft, or unauthorized use of your payment service account or payment card number.
Payment. The total amount to be paid by you for your order will be the sum of the prices for the products you select or those selected for you, all applicable taxes, and shipping and handling charges. Payment is due when you submit your order, and you hereby authorize Sip and Savor to charge such amount to your payment card at that time.
Sip and Savor’s Loyalty and Rewards Program
Consumers may be asked during the pre, during or post shopping experience to opt-into the Sip and Savor Loyalty program. In order to qualify for the loyalty points, the consumer must use the same email address for their loyalty program account as they used to purchase the products.
The loyalty program is open to everyone and is free to enroll. All loyalty program communication will be delivered enrolled member’s email addresses.
As a member of Sip and Savor’s loyalty points program, members will collect points on all items purchased. Members will collect loyalty points as long as they are logged into their account whenchecking out online.
Sip and Savor loyalty members will collect 5 points per dollar on all items purchased online. Every 1000 points will automatically earn the member $10 off their next purchase.
Loyalty points will not expire. The member will receive their $10 off coupon via email once the member requests the discount.
Loyalty point discounts cannot be combined with any other offer or promotion.
Members of Sip and Savor’s referral program can share a unique URL link to their friends, family and followers and receive a pre-determined commission of all purchases made using their unique referral link which will be agreed upon by Sip and Savor and the referral program member prior to receiving the referral link. The referral commission will be distributed to the member via credit to be put towards future purchases at Sip and Savor’s website.
All commissions can be compounded overtime. The referral program member is able to use multiple commission credit for one single purchase as long as the purchase price equals $1 or greater after using the referral credit. This means that the program member will have to pay at least $1 per any purchase after using their credit.
Friends, Family and Followers of the program members will receive a pre-determined discount off their first purchase which will be agreed upon by Sip and Savor and the referral program member prior to receiving the referral link. The referral program discount can only be redeemed once per customer.
All referral discount codes can only be used towards orders over $50 before taxes. The referral discount code cannot be used towards gifts or gift cards.
The referral discount code can be used towards the purchase of a wine membership; however, the discount will only be applied to the first month’s wine membership product.
The discount will be applied to the customers order at time of checkout.
Members acquire no vested or accrued right or entitlement to the continued availability of any particular reward, benefit or redemption level. Sip and Savor reserves the right to revoke, terminate, suspend or modify the Program and any and all rewards, benefits, points, or redemption’s related thereto in its sole discretion with no prior notice.
If the Program Terms have been updated, the Company will post the new Program Terms on the Program Website and note the date that they were last updated, and no change will be effective until such change has been posted for at least ten (10) days. Sip and Savor encourages Members to review the Program Terms each time they use the Program.
In order to enroll in the Program, you will have to register and create an Account with Sip and Savor and provide one or more names, email addresses, login usernames and passwords (together, “ID”). You are responsible for maintaining the confidentiality of your ID. You agree not to use the ID of any third party or disclose your ID to any third party. You are responsible for any and all activity that occurs on your Account. If you suspect any unauthorized use of your Account, you must notify Sip and Savor immediately. You agree to provide Sip and Savor with correct and complete Account information at all times and inform us of any changes to the information you have provided. Sip and Savor will keep your ID confidential. Only one Sip and Savor Rewards Program rewards account (“Account”) is permitted per person. Sip and Savor are not liable for any unauthorized access to your account that is not occasioned by the activities of Sip and Savor.
If the Company determines that a Program Member has abused any of the Program’s privileges, fails to comply with any of the Program Terms, or makes any misrepresentation to the Company the Company may, in its sole discretion, take such actions as it deems appropriate, including without limitation, suspending such Member’s privileges under the Program, revoking any or all of the points
in such Program Member’s Account, and/or revoking the Program Member’s membership in the Program, in each case, with or without advance notice to the Member and without liability to the Company.
Points will not be awarded if in the Company’s reasonable opinion the merchandise purchased will be used for resale or commercial use and any points awarded on such purchases will be forfeited. If a Member was awarded points for an offer or promotion in which a Member purchased product(s) in excess of reasonable quantities, the points awarded as a result of that offer or promotion may be forfeited without prior notice and the Account may be suspended or closed.
Unless further restricted elsewhere in the Program Terms, Membership is only available to (i) individuals above the age of 21. If a Member does not meet the capacity requirements set out above, all points awarded to such Member may be forfeited without prior notice and the Account may be suspended or closed.
Points are reduced to zero upon closure of a Membership.
Sip and Savor’s Commitment to Quality
If you are dissatisfied with your Sip and Savor purchase for any reason, please contact Sip and Savor Customer Service by emailing Sip and Savor from the Contact Tab on the home page of the website, so we can resolve your concerns. For details on our shipping, returns and cancellation policy, please visit the Shipping, Returns and Cancellation page on our website found in the footer of the website.
SIP AND SAVOR DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ABOUT PRODUCTS OFFERED FOR SALE OR PURCHASED THROUGH A SIP AND SAVOR SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT.
Risk of Loss
All items purchased from Sip and Savor are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Restocking and Reshipment Fees
Orders returned to Sip and Savor may be subject to a reasonable restocking fee. Sip and Savor reserves the right to charge an additional $20 fee for all re-shipped orders upon customer’s request for reshipment.
If the purchaser chooses to return the package to the sender at the time of delivery because the outside packaging appears to be damaged without inspecting the inside contents, the purchaser will be issued a refund, if requested, minus a 25% restocking fee and the purchaser will need to repurchase the product. The reason for this is Sip and Savor cannot reuse the wine that was
returned since Sip and Savor does not know how the shipping of the wine was handled. The product will be disposed of and Sip and Savor will take the loss on the product and return shipping fees.
Your Account
All alcohol listings are intended for individuals who are 21 years of age or older. Sip and Savor reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, in its sole discretion.
You must be at least 21 years of age to use Sip and Savor sites and purchase alcohol through Sip and Savor Services.
SMS Alert and Notifications Service
If you enroll in the SMS Alert and Notification Services at Sip and Savor you have opted-in to receive text message from our Sip and Savor’s automated text message system regarding shipment details, and information about your orders and marketing content. The amount of messages you will receive will depend on your account activity and amount of times you have purchased. SMS messaging may not be available in all customer’s areas and not all mobile devices may be supported. Sip and Savor and the mobile carries are not liable for any delayed messaging or undelivered messaging.
There are no additional charges from Sip and Savor for the text message service; however standard message and date rates may apply from your mobile carrier. Text message sent to your mobile and handheld devices are subject to the terms and conditions of your mobile carrier. By opting into the text message service, you are providing consent to Sip and Savor to participate in this service and you approve any charges imposed by your mobile carrier. Charges for text messages may appear on your mobile phone bill or may be deducted from your prepaid cell phone balance.
If you choose to stop receiving text messages, text STOP. You may also unsubscribe from the text message feature by using the Contact Us form found on the website.
To receive help with the text message feature, please use the Contact Us form on the website.
Disclaimer of Warranties
THE SIP AND SAVOR SITES, APPLICATIONS AND SERVICES AND THE CONTENT PROVIDED ON OR THROUGH THE SIP AND SAVOR SITES, APPLICATIONS AND SERVICES IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND SIP AND SAVOR HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NEITHER SIP AND SAVOR NOR ANY PERSON ASSOCIATED WITH SIP AND SAVOR MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SIP AND SAVOR SITES AND APPLICATIONS OR THEIR CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER SIP AND SAVOR NOR ANYONE ASSOCIATED WITH SIP AND SAVOR REPRESENTS OR WARRANTS THAT THE SITES, APPLICATIONS, SERVICES OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SIP AND SAVOR SITES AND APPLICATIONS OR THEIR CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
Limitation of Liability
IN NO EVENT WILL SIP AND SAVOR, ITS LICENSORS OR CONTENT PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, APPLICATIONS AND SERVICES OR TO REDEEM A GIFT CARD, OR ANY CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. USE OF THE SIP AND SAVOR SITES, APPLICATIONS, SERVICES OR THEIR CONTENT IS AT YOUR SOLE RISK. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND SIP AND SAVOR’S SOLE LIABILITY SHALL BE THE REPLACEMENT OF SUCH GIFT CARD.
Indemnification
You agree to defend, indemnify and hold harmless Sip and Savor and its officers, directors, employees, agents, licensors and content providers from and 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 Sip and Savor Sites, Applications or Services.
Copyright
All content included on or made available through any Sip and Savor Sites, Applications and Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Sip and Savor or its content suppliers and protected by the United States and international copyright laws. The compilation of all content included in or made available through any Sip and Savor Sites, Applications and Services is the exclusive property of Sip and Savor and protected by the U.S. and international copyright laws.
Trademarks
The trademarks and service marks displayed on the Sip and Savor Sites, Applications and Services are the registered and unregistered trademarks, service marks and trade dress of Sip and Savor and its licensors. For a list of Sip and Savor trademarks and service marks please contact Sip and Savor. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Sip and Savor Sites, Applications and Services are trademarks, service marks or trade dress of Sip and Savor in the U.S. and other countries. Sip and Savor’s trademarks, service marks and trade dress may not be used in connection with any product or service that is not Sip and Savor, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Sip and Savor. All other trademarks not owned by Sip and Savor that appear in any Sip and Savor Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Sip and Savor.
Links to Third-Party Websites
Sip and Savor Sites, Applications or Services may contain links to third-party websites. These links are provided for your convenience only. Sip and Savor has no control over third-party websites and we are not responsible for the content of such websites or the privacy practices of those third-party websites. If you decide to access a third-party website linked from the Sip and Savor Sites or Applications, you do so entirely at your own risk and your use of those sites is subject to those websites’ terms and conditions and privacy policies.
Submitted Materials and Ideas
While we appreciate your interest in Sip and Savor and our business, Sip and Savor does not want and cannot accept any ideas or information users consider confidential and/or proprietary. This is to avoid the possibility of future misunderstandings when projects independently developed by or on behalf of Sip and Savor might seem to others to be similar to users’ own creative ideas, suggestions, and/or materials. All comments, suggestions, ideas, drawings, images, concepts, or other information or materials disclosed or offered to us by you through the Services or in response to solicitations on Sip and Savor Sites or through Applications (unless otherwise noted) shall be deemed to be non confidential and non-proprietary.
Disputes
IMPORTANT – AS A CONSUMER PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS HOW CLAIMS YOU AND SIP AND SAVOR MAY HAVE AGAINST EACH OTHER ARE DETERMINED.
Agreement to Arbitrate
You and Sip and Savor agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to this or previous versions of the Sip and Savor Terms, your use of Sip and Savor Sites, Applications or Services, or to any products sold or distributed by Sip and Savor or through Sip and Savor Sites, Applications or Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify and the case proceeds as an individual (non-class, non representative) case. The Federal Arbitration Act applies 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 as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to National Registered Agents, Inc., 160 Greentree Dr., Suite 101, Dover, Delaware, 19904. 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 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.
The arbitration hearing will be held in the country in which you reside or at another mutually agreedlocation. You or Sip and Savor may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Sip and Savor subject to the arbitrator’s discretion to require an in-person hearing.
The arbitrator will decide all claims in accordance with applicable law. The arbitrator shall not be bound by rulings in prior arbitrations involving other Sip and Savor members but is bound by rulings in prior arbitrations involving the same Sip and Savor member to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the arbitrator’s award may be entered in any court having jurisdiction.
Prohibition of Class, Representative, and Consolidated Actions
You and Sip and Savor agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action. Unless both you and Sip and Savor agree otherwise, the arbitrator may not join more than one party’s claims, and may not adjudicate or determine any form of a representative, class, or consolidated proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party bringing the claim if such relief is warranted by the facts and law. Any relief awarded by the arbitrator will not affect other Sip and Savor members.
If for any reason a claim proceeds in court rather than in arbitration both you and Sip and Savor each waive any right to a jury trial. You and Sip and Savor also both agree that you or we may bring suit in court to enjoin infringement or other misuses of intellectual property rights.
Governing Law and Jurisdiction
Any dispute or claim relating in any way to these Terms or previous versions of these Terms, your use of any Sip and Savor Sites, Applications or Services, or any products sold or distributed by Sip and Savor or through Sip and Savor Sites, Applications or Services, shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule.
Unless you and Sip and Savor agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, any legal suit, action or proceeding arising out of or related to these Terms or previous versions of these Terms, your use of any Sip and Savor Sites, Applications or Services, or any products sold or distributed by Sip and Savor or through Sip and Savor Sites, Applications or Services shall be instituted exclusively in the federal or state courts located in Los Angeles, California. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver of these Terms by Sip and Savor shall be deemed a further or continuing waiver of such Terms or any other term or condition, and any failure of Sip and Savor to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
The United States Only
Unless otherwise specified, the Sip and Savor Services are presented solely for the purpose of promoting products and services available in the United States. Sip and Savor makes no representation that the Sip and Savor Services are appropriate or available for use in other locations. If you access Sip and Savor 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.
Entire Agreement
These Terms and our Privacy Notice constitute the sole and entire agreement between you and Sip and Savor with respect to the Sip and Savor Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the sites.
Modifications
Sip and Savor reserves the right to make changes to these Terms, including the terms that apply to Gift Cards and/or the Sip and Savor Referral Program, at any time. If Sip and Savor makes a material modification to these Terms, we will notify you by displaying a prominent announcement above the text of the Terms or at drink.com, as appropriate, for thirty (30) days, and that will be deemed sufficient notification of such changes.
Should you wish to terminate your membership due to a modification to the Terms, please contact Sip and Savor Customer Care Team at drink.com. If you choose to continue using the Sip and Savor Services after receiving notice of such modification as set forth herein, you agree that by doing so you will be deemed to accept the new terms and conditions.
The date these Terms were last updated is set forth at the top of this page.
Contact Information
If you have questions or comments about these Terms or the Sip and Savor Sites, Applications or Services, please write, phone or email us via the contact information below:
Drink EEZY
11354 White Rock Rd. Unit 135
Rancho Cordova, CA95742
hello@drinkeezy.com
©2018 Sip and Savor. All Rights Reserved.
