Terms & Conditions

TERMS & CONDITIONS

Thank you for visiting https://www.prologuewine.com, the website for Prologue Wine Co. LLC. The terms “Prologue Wine Co.,” ''https://www.prologuewine.com,” “us,” or “we” refer to the owner of this website. The terms “you,” “your” or “customer” refer to the user, customer, or viewer of this website. Your use of our website is subject to these Terms of Service. If you do not agree with any of the provisions in our Terms of Service, you may not access or otherwise use our website or purchase products from us.  Your use of this website shall be deemed to be your agreement to abide by each of the Terms and Conditions set forth herein.We reserve the right to modify these Terms of Service at any time, with or without notice, and your continued use of our site after we provide you with notice of such modification will constitute your acceptance of any new or amended provisions.  If you do not agree or consent to any of these provisions, your sole remedy is to discontinue use of this site.


The content of the pages of this website is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. You agree that our company and its employees, licensors, vendors, or contractors may make improvements and/or changes in the website content and services or events described in this website, if any, at any time without notice and without liability to you of any kind. You are responsible for compliance with applicable local laws, keeping in mind that access to our website may not be legal by certain persons or in certain countries. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of our company to enforce any right or provision in these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by our company in writing. The Terms and Conditions, along with our Privacy Policy, comprises the entire agreement between you and us and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. These Terms and Conditions are personal to you and you may not transfer, assign, or delegate these Terms and Conditions to anyone without the express written permission of our company. Any attempt by you to assign, transfer, or delegate these Terms and Conditions without the express written permission of our company shall be null and void. These Terms and Conditions will inure to the benefit of our company’s successors, assigns, and licensors. The paragraph headings in these Terms and Conditions, shown in boldface type, are included solely to help make the agreement easier to read and have no binding effect.

Your use of this website and any dispute arising out of such use of the website is subject to the laws of the United States. California law and controlling United States federal laws, without regard to the choice or conflicts of law provisions of any jurisdiction, will govern any action related to these Terms and Conditions. You agree to submit to the jurisdiction of the courts located in Alameda County, in the State of California, for the resolution of all disputes arising from or related to these Terms and Conditions and/or your use of the website.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.

Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense. From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

 

SALE OF ALCOHOLIC BEVERAGES

Prologue Wine Co. LLC does not sell alcohol to any persons under the age of 21. By using this site you swear and affirm that you are over the age of 21. Prologue Wine Co. LLC makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this site you are acknowledging that the person receiving a shipment of alcoholic beverages from Prologue Wine Co. LLC is over 21, and receipt of shipments containing alcoholic beverages requires the signature of someone aged 21 or older who is not intoxicated. You also agree that any alcohol purchased from Prologue Wine Co. LLC is intended for personal consumption only and not for resale. If you do not agree with these conditions of use 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, Prologue Wine Co. LLC reserves the right to prosecute you and all responsible parties to the fullest extent allowable by law.


TITLE & OWNERSHIP

Title to, and ownership of, all goods purchased passes from Prologue Wine Co. LLC to the purchaser within the State of California at the point of sale. Purchaser takes all responsibility for shipping it from the warehouse to his/her home state. By arranging for transportation of said purchases, Prologue Wine Co. LLC  is providing a service to and acting on behalf of the purchaser. By utilizing this service from Prologue Wine Co. LLC, the purchaser is representing that he/she is acting in a fashion compliant with his/her local and state laws regarding the purchase, transportation and delivery of wine. The purchaser represents that he/she has obtained any required permission, paid any required fees, is working through properly licensed intermediaries where required, is legally entitled to take possession of wine and is legally entitled to take quantities ordered and once again authorizes that he/she is 21 years of age or older.  Prologue Wine Co. LLC makes no representation as to the legal right of the purchaser to ship or import alcoholic beverages into their jurisdiction.


RETURNS

If a wine you purchased is flawed or otherwise unfit for consumption, we will exchange or credit the product back to your account, less return shipping and a 15% restocking fee.  Per California law, we can only accept returns for wine that is broken, damaged, or flawed. We cannot accept returns for any product which has been in your possession more than one month after delivery receipt, as we have no way of knowing its storage conditions. 

We use Route shipping insurance as a third-party provider for insurance. If you insured your shipment and your bottles arrive broken or heat damaged, you may file a claim with Route using the email confirmation you received at purchase. Contact us with questions and we can guide you the process and help you receive remuneration. If you did not select the optional insurance at checkout, your options may be limited.  Customer service is our #1 priority, however, and we may review this policy on a case-by-case basis. If you are unhappy for any reason, please contact us at hello@prologuewine.com and our team will be more than happy to help resolve the issue!

See our FAQ for more information.

If there are any issues with your shipment let us know immediately and we will work with you to resolve any problems.  Please keep in mind we cannot guarantee the condition nor accept returns of any wine whose first delivery attempt is unsuccessful.  After the first delivery attempt the shipper may hold the package in a non-climate controlled facility, hence our strong recommendation you use a business address to receive packages.


GIFT CARDS

Gift Cards may be used solely to purchase products from the website only in conformity with these Terms of Service and our Privacy Policy, excluding sales tax where applicable.  Gift Cards are not transferable, nor redeemable for cash and cannot be returned for a cash refund, except to the extent required by law; any unused balance will be placed in the user’s account for future purchases by holder.  Gift Cards do not expire. Fraud or abuse of Gift Cards will result in account termination and/or cancelled orders. We are not responsible and refunds will not be issued if any Gift Card is lost, stolen, destroyed, or used without your or the recipient’s permission.


NO RESPONSIBILITY TO HONOR ERRORS OR TO SELL MIS-PRICED PRODUCTS

While we make every effort to ensure our information is correct and up-to-date, we may occasionally and inadvertently make mistakes with regards to prices, bottle sizes, or inventory quantities. In the event we do make such mistakes, we reserve the right to refuse or cancel any order containing incorrect information or typographical errors.  If your credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account in the amount of the charge within a reasonable amount of time.


All terms and conditions are applicable to the maximum extent permitted by law.

 

DISPUTE RESOLUTION; ARBITRATION PROVISION

In the event of any claim or dispute between you and Prologue Wine Co. LLC related to your use of this website, your purchase of any goods or services from Prologue Wine Co. LLC, or any representations or statements by Prologue Wine Co. LLC to you, whether such claim arises out of statute, contract or tort, the claim or dispute shall be submitted to binding arbitration upon the request of either party upon the service of that request on the other party. Further, all such claims may be brought on an individual basis only, and not by way of class, collective, or representative action. Such disputes include without limitation disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability or validity of the arbitration provision or any portion of the arbitration provision.


The parties shall agree on a single Arbitrator to resolve the dispute. The matter may be arbitrated either by the Judicial Arbitration Mediation Service or American Arbitration Association as selected by the party filing the claim. The arbitration shall be conducted in California or in the same city as the U.S. District Court closest to your billing address at the option of the party requesting arbitration. Any decision of the arbitrator shall be final and may be entered as a judgment in any court of competent jurisdiction. Unless the law requires otherwise, you and Prologue Wine Co. LLC will equally share in the cost of arbitration and each party shall bear its own attorneys fees and costs.


This Arbitration Provision is intended to apply to the resolution of disputes that otherwise would be resolved in a court of law or before a forum other than arbitration and constitutes a waiver of your right to have your dispute resolved by a jury or in any other forum. If you do not want to be subject to this Arbitration Provision, you may opt out of this Arbitration Provision by notifying Prologue Wine Co. LLC in writing of your desire to opt out of this Arbitration Provision within thirty (30) days of the date of your agreement to Prologue Wine Co. LLC Terms of Service, including this Arbitration Provision.


This Arbitration Provision is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”) and evidences a transaction involving commerce. If any portion of this Arbitration Provision, or the rules of the Judicial Arbitration Mediation Service or American Arbitration Association, are determined by the Arbitrator or by any court of competent jurisdiction to be unlawful, invalid or unenforceable, such portions shall be severed or modified so that this Arbitration Provision may be enforced to the greatest extent permissible under the law.


TERMINATION OF MEMBERSHIP

Prologue Wine Co. LLC reserves the right to terminate, block, suspend, or cancel your membership and/or your ability to purchase products through our website for any reason, at our own discretion and without advance notice to you, subject to all applicable laws.

 

PROMOTIONS/REFERRALS

We may from time-to-time offer discounts, referral bonuses, or promotional prices on our products for new customers. You cannot open multiple accounts under different mailing addresses, credit cards, emails, etc. –  please do not attempt to abuse this system. For any perceived abuse of any promotional campaign or referral program, we will take appropriate actions, including but not limited to cancelling the orders, blocking the accounts, and terminating your ability to purchase products through our website. We have final discretion in such matters and reserve the right to modify or cancel any and all promotional/referral programs at any time, with or without notice.


RESPONSIBLE CONSUMPTION

Good wine can be a part of a responsible lifestyle, but wine can still be abused. Excessive or irresponsible consumption of alcohol can have personal, social or health consequences. As part of our commitment to responsible consumption, we will always ensure that communications regarding our products do not show or encourage excessive consumption, abuse, or misuse of any kind. We at Prologue Wine Co. LLC are committed to promoting the responsible advertising of our products and encouraging improved standards for the industry as a whole. Please drink responsibly and in moderation!


If you or someone you know has a problem with alcohol, please seek a qualified health professional for help and guidance.

 

DISCLAIMER OF WARRANTIES

YOU AGREE THAT YOU ARE MAKING USE OF OUR SERVICES AT YOUR OWN RISK, AND THAT THESE SERVICES ARE BEING PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS.  THE INFORMATION CONTAINED IN THIS WEBSITE IS FOR GENERAL INFORMATION PURPOSES ONLY.  THE INFORMATION IS PROVIDED BY PROLOGUE WINE CO. LLC AND WHILE WE ENDEAVOR TO KEEP THE INFORMATION UP TO DATE AND CORRECT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY WITH RESPECT TO THE WEBSITE OR THE INFORMATION, PRODUCTS, SERVICES, OR RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. 

IN NO EVENT SHALL WE AND/OR OUR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS WEBSITE, THE USE OR PERFORMANCE OF THIS WEBSITE, THE DELAY OR INABILITY TO USE THIS WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR ANY OF OUR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  YOU ACKNOWLEDGE THAT SUCH INFORMATION AND MATERIALS MAY CONTAIN INACCURACIES OR ERRORS AND WE EXPRESSLY EXCLUDE LIABILITY FOR ANY SUCH INACCURACIES OR ERRORS TO THE FULLEST EXTENT PERMITTED BY LAW.  ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS THEREFORE STRICTLY AT YOUR OWN RISK.

EVERY EFFORT IS MADE TO KEEP THE WEBSITE UP AND RUNNING SMOOTHLY. PROLOGUE WINE CO. LLC, HOWEVER, TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE FOR, ANY DEFICIENCIES BEYOND OUR CONTROL OR TECHNICAL ISSUES WHICH RENDER THE WEBSITE UNAVAILABLE.

YOUR USE OF ANY INFORMATION OR MATERIALS ON THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK, FOR WHICH WE SHALL NOT BE LIABLE. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT ANY PRODUCTS, SERVICES OR INFORMATION AVAILABLE THROUGH THIS WEBSITE MEET YOUR SPECIFIC REQUIREMENTS.  TO THE FULL EXTENT PERMITTED BY LAW, WE DO NOT WARRANT THE MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY CONTENT ON THIS WEBSITE OR ANY PRODUCTS YOU MAY PURCHASE FROM US.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEBSITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.


SEVERABILITY

If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect.

If you have any questions about these Terms of Service, please contact us.

 

These Terms of Service were updated March 1, 2020.