At Charlemagne, Inc, we strive to offer a first-class experience for our members, and uphold the highest degree of professionalism. The following terms of service (“Terms”) constitute a binding agreement between you and Charlemagne, Inc (“we,” or “us”) with respect to your use of this website, as well as any Charlemagne, Inc owned social media pages and accounts (collectively "Charlemagne Sites"), and the services available on such platforms (the “Services”), including any Content (as defined below). If you do not agree to these Terms, please do not use or access the Charlemagne Sites or Services for any purpose. Additional policies, terms, and conditions applicable to certain Charlemagne, Inc Services, specific areas of certain Charlemagne Sites, or to particular content or transactions, may also be posted in particular areas of certain Charlemagne Sites, 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 Charlemagne Sites will be controlled with respect to those particular areas. Charlemagne, Inc reserves the right to cancel and/or terminate any user’s account for any violation of these Terms or other terms stated on Charlemagne Sites. Fraudulent behavior, spamming, flaming, excessive use of profanity or abusive language, on Charlemagne Sites or any other website in regards to Charlemagne, Inc, or while contacting any of member of our service team, will not be tolerated.
You must be at least 21 years of age to use Charlemagne Sites and purchase alcohol through Charlemagne, Inc Services. A valid government-issued ID may be required upon delivery.
Registration. If you wish to utilize Charlemagne, Inc Services, you agree to complete the initial registration process according to the requirements stated on the applicable Charlemagne, Inc 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 Charlemagne 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 Charlemagne, Inc that your use of a payment card in connection with any purchase you make on or through Charlemagne Services is authorized and legal. As part of the initial registration process, you must use a valid email address and choose a password to use when accessing the Services. For your protection, you must keep your user password secret. You must immediately notify Charlemagne, Inc if you learn or suspect that the security of your member Account or password has been breached. You are responsible for any loss or damage arising from your failure to protect your member Account 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 or services you select, all applicable taxes, and any shipping and handling charges. Payment is due when you submit your order, and you hereby authorize Charlemagne, Inc to charge such amount to your payment card at that time.
All alcohol listings are intended for individuals who are 21 years of age or older. Charlemagne, Inc reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, in its sole discretion.
WINE CLUB SUBSCRIPTIONS
You may become a Wine Club Member by providing the requested registration information and submitting it to Charlemagne, Inc through the Charlemagne Sites. By becoming a Wine Club Member and placing an order, you agree to receive a shipment of 6 or 12 bottles of wine from Charlemagne, Inc every 6 months until you cancel your respective membership. You may suspend or cancel your membership any time. Shipping charges may apply based on the shipping address. By becoming a member and providing your membership and credit card information, you authorize Charlemagne, Inc to charge your credit card for each recurring bi-yearly Wine Club Membership wine shipment. Please notify us at least 7 days prior to any shipment to update your account information, payment method, change your address, skip a shipment, or to cancel your membership.
CHARLEMAGNE'S COMMITMENT TO QUALITY
If you are dissatisfied with your Charlemagne, Inc purchase for any reason, please contact us via our Contact Form, so we can resolve your concerns. We may make arrangements for a return or re-ship, if appropriate. As a condition of providing you a refund or re-ship, we may require you to return the product to Charlemagne, Inc. Charlemagne Gifts are nonrefundable. Please visit our Shipping & Returns page for further information on our Return Policy.
RISK OF LOSS
All items purchased from Charlemagne, Inc 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. The risk of loss and title pass to the purchaser upon electronic transmission to the purchaser recipient or delivery to the carrier, whichever is applicable.
RESTOCKING AND RESHIPMENT FEES
Orders returned to Charlemagne, Inc may be subject to a reasonable restocking fee. Charlemagne, Inc reserves the right to charge an additional $20 fee for all re-shipped orders upon customer’s request for reshipment.
DISCLAIMER OF WARRANTIES
THE CHARLEMAGNE SITES AND SERVICES AND THE CONTENT PROVIDED ON OR THROUGH THE CHARLEMAGNE SITES AND SERVICES IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND CHARLEMAGNE, INC 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 CHARLEMAGNE, INC NOR ANY PERSON ASSOCIATED WITH CHARLEMAGNE, INC MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE CHARLEMAGNE SITES, SERVICES OR THEIR CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER CHARLEMAGNE, INC NOR ANYONE ASSOCIATED WITH CHARLEMAGNE, INC REPRESENTS OR WARRANTS THAT THE SITES, 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 CHARLEMAGNE SITES AND APPLICATIONS OR THEIR CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
LIMITATION OF LIABILITY
IN NO EVENT WILL CHARLEMAGNE, INC, 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 AND SERVICES, 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 CHARLEMAGNE SITES, APPLICATIONS, SERVICES OR THEIR CONTENT IS AT YOUR SOLE RISK.
You agree to defend, indemnify and hold harmless Charlemagne, Inc 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 Charlemagne Sites or Services.
The trademarks and service marks displayed on the Charlemagne, Inc Sites and Services are the registered and unregistered trademarks, service marks and trade dress of Charlemagne, Inc and its licensors. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Charlemagne Sites and Services are trademarks, service marks or trade dress of Charlemagne, Inc in the U.S. and other countries. Charlemagne, Inc’s trademarks, service marks and trade dress may not be used in connection with any product or service that is not Charlemagne, Inc, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Charlemagne, Inc. All other trademarks not owned by Charlemagne, Inc that appear in any Charlemagne, Inc Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Charlemagne, Inc.
All content included on or made available through any Charlemagne Sites and Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Charlemagne, Inc or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Charlemagne, Inc Sites, Applications and Services is the exclusive property of Charlemagne, Inc and protected by U.S. and international copyright laws.
SUBMITTED MATERIALS AND IDEAS
While we appreciate your interest in Charlemagne, Inc and our business, Charlemagne, Inc 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 Charlemagne, Inc 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 Charlemagne Sites (unless otherwise noted) shall be deemed to be non-confidential and non-proprietary.
LINKS TO THIRD-PARTY WEBSITES
Charlemagne Sites or Services may contain links to third-party websites. These links are provided for your convenience only. Charlemagne, Inc 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 Charlemagne Sites or Services, 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.
READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS HOW CLAIMS YOU AND Charlemagne, Inc MAY HAVE AGAINST EACH OTHER ARE DETERMINED.
Agreement to Arbitrate
You and Charlemagne, Inc 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 Charlemagne, Inc Terms, your use of Charlemagne Sites or Services, or to any products sold or distributed by Charlemagne, Inc or through Charlemagne Sites 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 texting 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 agreed location. You or Charlemagne, Inc may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Charlemagne, Inc 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 Charlemagne, Inc members, but is bound by rulings in prior arbitrations involving the same Charlemagne, Inc 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 Charlemagne, Inc 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 Charlemagne, Inc 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 Charlemagne, Inc members.
If for any reason a claim proceeds in court rather than in arbitration both you and Charlemagne, Inc each waive any right to a jury trial. You and Charlemagne, Inc also both agree that you or we may bring suit in court to enjoin infringement or other misuse 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 Charlemagne Sites or Services, or any products sold or distributed by Charlemagne, Inc or through Charlemagne Sites 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 Charlemagne, Inc 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 Charlemagne Sites or Services, or any products sold or distributed by Charlemagne, Inc or through Charlemagne Sites 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 Charlemagne, Inc shall be deemed a further or continuing waiver of such Terms or any other term or condition, and any failure of Charlemagne, Inc 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.
UNITED STATES ONLY
Unless otherwise specified, the Charlemagne, Inc Services are presented solely for the purpose of promoting products and services available in the United States. Charlemagne, Inc makes no representation that the Charlemagne, Inc Services are appropriate or available for use in other locations. If you access Charlemagne, Inc 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.
Charlemagne, Inc reserves the right to make changes to these Terms at any time. If Charlemagne, Inc makes a material modification to these Terms, we will notify you by displaying a prominent announcement above the text of the Terms or on the Charlemagne Sites 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 Us. If you choose to continue using the Charlemagne, Inc 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 bottom of this page.