The following terms and conditions of use (the “Terms and Conditions”) govern your use of the website www.vinleymarket.com, which shall include, without limitation, this website and any other Everly Market, LLC, DBA Vinley Market owned websites, micro-sites, social media pages, accounts, applications and services. (collectively, “Vinley Market”, the “Site”, or “we”). We may change the Terms and Conditions from time to time and at any time without notice to you, by posting such changes on the Site. BY USING THIS SITE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site. By using the Site following any modifications to the Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions.

Transactions

Vinley Market is a Third Party Provider and recommends wine to be purchased from a network of third party licensed retailers, merchants, manufacturers and wineries (collectively, “Vendors”), who sell the products and services available on Vinley Market. Vinley Market's primary Vendor is The Wine House, a California company. All sales are solicited, offered by, accepted, and fulfilled by Vendors that are licensed to ship to our customers. Charges will include all applicable sales tax that the Vendor is required to collect and may vary based on the specific Vendor fulfilling your order. Vendors control decisions concerning acceptance or rejection of all orders. As licensees, Vendors are also responsible for the fulfillment of orders and the shipment of alcoholic beverages from the licensees’ licensed premises or other authorized shipping point. In all instances, any solicitation, communication, invitation, offer, or advertisement is void where prohibited by law.

By using this site and in connection with each transaction, you represent that you may purchase and receive the products ordered in compliance with all applicable laws, including, without limitation, the alcoholic beverage control laws of the jurisdiction in which you reside, and that such products will be used only in a lawful manner.

By placing an order, you represent that you are 21 years of age or older and you authorize our Vendors to act on your behalf to engage a common carrier to deliver your order to the address that you have indicated. All items purchased from Vinley Market are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our Vendors’ delivery to the carrier. Vinley Market and our Vendors make no representation as to the right of any person to import any product in to any state.

All pricing is provided to us by our Vendors, and we make no representation or promise as to the reliability or accuracy of such information.

The products and services sold on this Site are sold by our Vendors and subject to the privacy and shipping policies of our Vendors. If you have questions about the privacy policies of our Vendors, please contact hello@vinleymarket.com.

Shipping Policy

Wines and other alcoholic beverages may be sold and delivered only to persons over the age of 21. By ordering from this Site, you affirm that you are at least 21 years old.

Interstate Shipping and Restricted States

Many states have laws prohibiting or severely restricting inbound shipments of wine from our Vendors. Therefore, unfortunately our Vendors are not able to ship wine or other alcoholic beverages, and our Site will not accept orders with shipping addresses to Illinois or Utah. 

Due to state regulatory landscapes, shipments to the following states will take 2-3 weeks to arrive: Alabama, Arkansas, Delaware, Florida, Kansas, Kentucky, Maryland, Massachusetts, Michigan, Mississippi, Montana, Nevada, New Hampshire, New Jersey, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Vermont and West Virginia. 

Extreme Weather Advisory

Unfortunately severe weather conditions can impact the delivery date of your order. Prolonged exposure to heat and freezing temperatures can damage wine. Carriers do not insure against heat or cold damage, and we are unable to take responsibility for such damages after your wine has safely left the locations of our Vendors. You are solely responsible for determining when and by what method you wish to have your order delivered—so be aware of weather conditions before shipping an order. That being said, our Vendors do reserve the right to withhold an order if they have clear reason to believe weather conditions are severe enough to significantly endanger the safety of your wine. In such a case, we will notify you of the delay.

Except for deliveries on the West Coast, we encourage you to select Overnight or 2Day as your shipping method during the winter or summer months, in order to reduce the likelihood of weather-related damage to your wine. In winter and summer, our Vendors may choose not to ship on Fridays, since carriers hold shipments over the weekends in their warehouses, where storage conditions may be far from ideal for temperature-sensitive products such as wine.

Undeliverable Packages

Wine may only be purchased by and delivered to those 21 and older. An adult must be present to sign for all shipments, and an ID may be required upon delivery.

For packages that are undeliverable, shipping carriers charge our Vendors a return shipping fee in addition to the original shipping charges. Because of this, packages that are returned to sender undeliverable will incur a $10 non-refundable restocking fee. If a customer requests that an order be reshipped, they must pay the shipping charges in full. We recommend you ship to a workplace or a location that has someone available to accept your package during the day.

If a customer provides incorrect shipping address information which causes a failed delivery attempt, common carriers charge a $10 penalty for package for address corrections, which will also be billed back to the customer.

Return Policy

Customer satisfaction is our strong priority, however, under California law, our Vendors are not allowed to accept returns of wine or other alcoholic beverages if you change your mind on an order, do not like a wine, want to return a gift, or if you overbought and want to return excess wine from a previous purchase.

Vinley Market, our Vendors, and common carriers that our Vendors engage on your behalf do not insure against weather-related damage that may occur in transit, and we do not accept returns due to such possible damage that may arise after your wine has safely left our store. For more information see our “Extreme Weather Advisory” that is provided in our Terms and Conditions.

If our Vendors made an error by sending you an incorrect wine, or if you received a corked or otherwise flawed wine, please email us immediately at hello@vinleymarket.com. Please provide your order number and explain the reasons for your return request. We will review the specific circumstances on an individual basis, and make a determination in a timely manner of whether the return request meets acceptable criteria, as listed in our Return Policy. Should our Vendor accept responsibility for the error or flaw, we will either exchange the bottle(s) or issue a credit for the applicable amount. We do not accept returns after 30 days.

Cancellations

We can only accept cancellations if they are made within the same business day that the order was placed. To cancel an order, place email hello@vinleymarket.com.

Sales Tax

Applicable Los Angeles County sales tax of 9.00% is added to all orders shipped or delivered within the state of California. With the exception of New Hampshire, which levies an 8% sales tax on wine shipments, all orders shipped to states outside California are not subject to California state sales tax.

Wine Clubs

Vinley Market's subscription-based wine clubs match you with wine selections to be purchased direct from retailers and/or wineries on a monthly basis. All wines are purchased from a network of third party licensed retailers, merchants, manufacturers and wineries, who sell the products and services available on Vinley Market's wine club. Once a month, you will automatically receive a new shipment of wine, based on the wine club that you have subscribed to. Shipping charges for wine club memberships are paid in advance, at time of order. You may cancel any time before your credit card on file is charged that month and before your monthly shipment is shipped, by emailing hello@vinleymarket.com or by logging into your account.

Links to Third-Party Websites

Vinley Market Sites may contain links to third-party websites. These links are provided for your convenience only. Vinley Market 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 Vinley Market Sites, you do so entirely at your own risk and your use of those websites is subject to those websites’ terms and conditions and privacy policies.

United States Only

Unless otherwise specified, the Vinley Market Sites are presented solely for the purpose of promoting products and services available in the United States. Vinley Market makes no representation that our services are appropriate or available for use in other locations. If you access Vinley Market Sites from locations outside the United States, you do so at your own risk and you are responsible for compliance with any applicable local laws.

Indemnification

You agree to defend, indemnify and hold harmless Vinley Market 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 Vinley Market Sites.

Disclaimer of Warranties

VINLEY MARKET AND THE CONTENT PROVIDED ON OR THROUGH THE VINLEY MARKET SITES IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND VINLEY MARKET 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 VINLEY MARKET NOR ANY PERSON ASSOCIATED WITH VINLEY MARKET MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE VINLEY MARKET SITES OR THEIR CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER VINLEY MARKET NOR ANYONE ASSOCIATED WITH VINLEY MARKET REPRESENTS OR WARRANTS THAT THE SITES APPLICATIONS 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 VINLEY MARKET SITES AND APPLICATIONS OR THEIR CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

Limitation of Liability

IN NO EVENT SHALL VINLEY MARKET OR ANY OF ITS VENDORS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, THE PRODUCTS AND SERVICES ON THIS SITE OR UNDER ANY THEORY OF LIABILITY WHATSOEVER EVEN IF VINLEY MARKET OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU INCLUDING, BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF: ANY CHANGE MADE BY VINLEY MARKET TO OUR SITE OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF SERVICES; ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF CONTENT, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER’S CONTENT THAT MAY APPEAR ON THE SITE; YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE; YOUR FAILURE TO PROVIDE ACCURATE ACCOUNT INFORMATION.

Code of Conduct

Vinley Market reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, in its sole discretion.

All alcohol listings are intended for individuals who are 21 years of age or older. You must be at least 21 years of age to use Vinley Market Sites and purchase alcohol through Vinley Market Services. By visiting this Site and using any services therein, you are agreeing that you are indeed eligible for its use and are over 21 year of age. Persons under 21 years of age are prohibited from using this Site in any way.

You agree to comply with these Terms and Conditions and all applicable law or regulations of the jurisdiction in which you reside and may be subject. You agree that you will not interfere with or disrupt the Site or any of the services provided by Vinley Market and that you will not access Vinley Market by any other means other than through the interface provided.

You agree that you are solely responsible for any breach of your obligations under the Terms and Conditions and for the consequences of such breach, including any loss or damage Vinley Market may suffer. You also agree that Vinley Market has no responsibility to you or to any third party for your breach of the Terms and Conditions and for the consequences of such breach.