Terms & Conditions of Use Agreement

Last updated 21 August, 2012.

Welcome to Kenaston Wine Market’s website (collectively referred to as KWM &/or KWM Online). This website is operated by Kenaston Wine Market Inc. By using the website or by placing an online order, you confirm that you have read and understood, and agree to these Terms & Conditions and all of KWM’s stated Policies. You are only authorized to use this website if you agree to abide by all applicable laws and to this agreement. KWM reserves the right to change, modify or delete portions of the Terms & Conditions at any time without notice to you. If KWM does this, KWM will post the changes to the Terms & Conditions on the website; your continued use of the website after any posted changes signifies your acceptance of the revised Terms & Conditions and Policies.

Kenaston Wine Market Inc. (KWM) & KWM Online does not and will not sell wine/alcohol to any persons under the age of 18. KWM will make every effort to confirm that you are over the age of 18 and you may be asked to provide proof of age. By using this website, you are indicating that the person(s) receiving a shipment of wine/alcohol from KWM is over the age of 18. IF YOU DO NOT AGREE WITH THESE TERMS & CONDITIONS OF USE PLEASE DO NOT USE THIS WEBSITE. If you intentionally or unintentionally misrepresent your age in order to obtain wine/alcohol from KWM, you will be subject to prosecution to the fullest extent allowable by law. Upon delivery, if the person(s) receiving the wine/alcohol is unable to provide valid proof of age, (valid acceptable form of photo identification) [link to PROOF OF AGE under policy] KWM or its delivery agent will be unable to leave the wine/alcohol. The order will be returned to KWM and the original charge card will be refunded for the amount of the purchase.

All wines or other goods ordered remain the sole property of KWM until payment is received in full and proof of age is presented. Your order is your offer to purchase from KWM. There will be no contract of any kind between you and KWM. At any point we may decline to supply any goods or services to you for any reason. KWM’s total liability to you for non-delivery of charged goods is limited to the stated price and applicable taxes of the goods. When KWM pre-approves your order, we will process your credit card; your order will only be accepted by KWM upon presentation of proof of age. At that time a contract will be made between you and KWM.

This Agreement encompasses the entire agreement between you and KWM. This Agreement replaces all previous agreements, negotiations or discussions – if any – between you and KWM regarding the subject material contained herein. This agreement is personal to you and you may not transfer, assign, or delegate this Agreement to anyone with out the express written permission of senior management of KWM. Any attempt by you to delegate, assign or transfer this agreement without written permission immediately renders the agreement null and void.

The foregoing are terms of a legal agreement between you and KWM. By accessing, browsing and/or using this site (“Site’), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Site. This Site is controlled and operated by KWM from its office in Canada. KWM makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from their location do so on their own initiative and are responsible for compliance with applicable local laws;

KWM reserves the right to limit quantities ordered and delivered.

Price and availability information is subject to change without notice.

While KWM takes great care to ensure our advertising is accurate, from time to time mistakes may occur. If a mistake occurs, KWM will correct it as soon as possible and will immediately notify any affected customers. Any orders may be cancelled prior to shipping and any refunds required will be processed to the applicable charge card(s).

KWM endeavours to provide current and accurate information on the Site. Nevertheless, errors and misprints may occur. Accordingly, KWM reserves the right to reject, correct, cancel or terminate an order for goods or services for which the price was incorrectly displayed or where KWM otherwise displayed erroneous or inaccurate information. KWM reserves the right at any stage of the online ordering process, including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your order is cancelled and your credit card charged, we will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. To provide you with a credit, where applicable, is our only obligation to you. KWM is not obligated to sell products or services based on errors or misprints on the Site.

KWM will not be liable for any delivery delay if the delay is a result of any of the following circumstances beyond our control:

War; Riot; Civil Commotion; Civil Celebration; Malicious Damage; Compliance with any current or future government law, rule, act, order or regulation; Fire, Flood, Storm, Blizzard, Tornado or other poor or hazardous weather condition(s); Act(s) of God; Failure of ISP or telecommunications provider; Non-performance of duties by KWM’s contracted delivery service provider(s).

KWM reserves the right to change prices and other information on the website at any time without notice to you. The posting of prices and other polices and terms of sale are not a binding agreement and KWM is not obliged to sell on such terms.

All website content, including graphics, logos, text, images, photographs, event descriptions and features that appear on the KWM website, and all associated copyrights, trademarks and other intellectual property are owned, controlled or licensed by KWM.

You, the user, may not at any time copy, distribute, reproduce, publish or use any part of the website to create derivative, imitative or plagiaristic work based on the KWM website or its content. This includes republishing any part of the KWM website or content on another website. This also includes using any part of the KWM website or content to create a database.

This website is provided by KWM on an “as is, where is” basis. KWM makes no representations or warranties of any kind, either express or implied, regarding the operation of the website, the content and to the products offered on this website. KWM disclaims all representations, warranties and conditions, express or implied, or arising by statute, usage or trade, custom or otherwise, including but not limited to merchantability and fitness for a particular purpose.

As a service, KWM may provide links to third party websites. When linking to one of these websites, you do so at your own risk. KWM makes no representation or endorsement of any kind regarding products, claims or services on third party websites.

Unless specifically stated on this website, no director, employee or other representative of KWM will be liable for damages arising out of or in connection of this website or any linked third party websites. This is a comprehensive limitation of liability that applies to damages of any kind.

RISKS & WARNINGS
Customers should be aware of the following:
Alcohol should be consumed in moderation and consumed responsibly.
Alcohol should not be consumed in conjunction with the operation of a motor vehicle or machinery.
Women who are pregnant should not consume alcohol because of the risk of birth defects.

A case of wine is heavy and weighs on average 15.5 kilograms. Please take extra care when lifting a case or partial case. If you are concerned, we recommend moving the wine a bottle or two at a time.

Red wine, ports and rosé wines may cause staining if spilled; please take extra care when handling. Sparkling wines and Champagnes can be volatile due to Carbon Dioxide gas in the wine; please take extra care when handling and opening.

EVENT PARTICIPATION
KWM respectfully requests that you do not wear personal scents to events. Other participants may have allergies and scents can interfere with others’ enjoyment and appreciation of their wine.
All participants must be 18 years of age or older.
If you drink at the event, please do not drive. Please arrange for alternate transportation.
All events must be paid in full at time of booking. A refund or transfer is available up to 5 days prior to the event. There is no refund for missed events.
KWM reserves the right to reschedule, cancel or postpone events, in which case, participants will be notified and fully reimbursed or issued credit.