Terms & Conditions
TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS AND SERVICES
1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF AT LEAST 21 YEARS OF AGE (A VALID GOVERNMENT-ISSUED ID MAY BE REQUIRED UPON DELIVERY) OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these "Terms") apply to the purchase and sale of products and services through this website, any other Kork owned websites, micro-sites, and social media pages and accounts or mobile applications (“Kork Sites"). These Terms are subject to change by Kork (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on Kork Sites, and you should review these Terms prior to purchasing any S product or services that are available through Kork Sites. Your continued use of Kork Sites after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
2. Order Acceptance and Cancellation - You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your purchase, we will send you a confirmation e-mail with details of the purchase. Acceptance of your order and the formation of the contract of sale between Kork and you will not take place unless and until you have received your order confirmation e-mail. You have the option to cancel your order at any time before we have sent your order confirmation e-mail by contacting our Customer Service Department in the “Contact Us” tab.
Kork reserves the right to cancel and/or terminate any user’s account for any violation of these Terms or other terms stated on Kork Sites. Fraudulent behavior, creating multiple accounts to acquire additional credits, spamming, flaming, excessive use of profanity or abusive language, on Kork Sites or any other website in regards to Kork, or while contacting any of our Member Services team, will not be tolerated. You must be at least 21 years of age to use Kork sites and purchase alcohol through Kork Services. A valid government-issued ID may be required upon delivery.
Wine sales are solicited, offered, accepted, made, and delivered by a licensed winery who receives all orders. Kork is not distributing the wine or alcohol.
3. Prices and Payment Terms - (a) All prices posted on Kork Sites are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation e-mail.
(b) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. You represent and warrant that (i) the payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honored by your credit card or payment company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
4. Shipments; Delivery; Title and Risk of Loss - (a) The winery will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. (b) Title and risk of loss pass to you upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
5. Returns and Refunds – Returns are not accepted. Kork reserves the right to determine whether a refund can be applied. Refunds are processed within approximately three business days of our email determination sent to you. Your refund will be credited back to the same payment method used to make the original purchase on Kork Sites. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON KORK SITES AS NON-RETURNABLE.
7. Intellectual Property Use and Ownership - You acknowledge and agree that: (a) You will comply with all terms and conditions of any license agreement for any product or service you obtain through Kork Sites, including, but not limited to, all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, making, modifying, improving, sublicensing and transfer of those licensed products and services. (b) You will not cause, induce, or permit others' noncompliance with the terms and conditions of any of these product and service license agreements. (c) Kork and its licensor(s) are and will remain the sole and exclusive owners of all intellectual property rights in and to each product and service made available on Kork Sites and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks, and other intellectual property rights, subject only to the limited license granted under the product's or service's license agreement. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through Kork Sites, or of any intellectual property rights relating to those products or services.
9. Force Majeure - We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
10. Governing Law and Jurisdiction - All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Illinois.
11. Dispute Resolution and Binding Arbitration.
(a) YOU AND KORK ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE KORK SITES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(b)The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
(c) You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
(d) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR KORK WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
12. Assignment - You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 12 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
13. No Waivers - The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Fellowes.
14. No Third-Party Beneficiaries - These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
15. Notices -
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provide or (ii) by posting to Kork Sites. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current.
(b) To Us. To give us notice under these Terms, you must contact us as follows: (i) by facsimile transmission to 630-893-1683 or (ii) by personal delivery, overnight courier or registered or certified mail to Fellowes at the address listed on the “Contact Us”. We may update the facsimile number or address for notices to us by posting a notice on Kork Sites. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
16. Severability - If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
18. Your Account – Registration: If you wish to utilize Kork Services, you agree to complete the initial registration process according to the requirements stated on the applicable Kork 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 Kork 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 Kork that your use of a payment card in connection with any purchase you make on or through Kork Services is authorized and legal. As part of the initial registration process, you must choose a user name and a password to use when accessing the Services. For your protection, you must keep your user name and password secret. You must immediately notify Kork if you learn or suspect that the security of your user name or password has been breached. You are responsible for any loss or damage arising from your failure to protect your user name 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 Kork 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. Kork reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, in its sole discretion.
19. Commitment to Quality - If you are dissatisfied with your Kork purchase or experience for any reason, please contact Kork Member Services via live chat available on Kork Sites, so we can resolve your concerns. We will get back to you as soon as we can. Subject to the conditions set forth here, Kork will give you, as your sole remedy, a refund in an amount equal to the price of the product, plus applicable taxes, by providing you with an account credit. Kork Gifts are nonrefundable.
20. Referral Credit Program - Kork may offer members the ability to earn credits or discounts ("Referral Credits") toward future purchases from Kork when they invite friends to become members of Kork and those friends make a qualifying purchase within six (6) months of the invitation sent through an authorized Kork invitation channel (e.g. an invitation sent through Kork Sites). You may only earn Referral Credits via Kork’s authorized member invite mechanisms. Referrals outside of Kork authorized channels will not result in any Referral Credit. You understand that Referral Credits are not transferable, may not be auctioned, bartered or sold, may not be pooled with other members, and expire six (6) months after issuance. You will only receive Referral Credit for the first and second completed purchase(s) made by a friend who makes his or her first purchase with Kork as a result of an invite from you via a Kork authorized channel. If your friend does not follow the directions in the invite email or other valid invite mechanism to accept the invitation, you will not receive Referral Credit, and Kork will have no liability to you for your friend’s failure to follow directions. Total Referral Credits for referring a friend may be divided across up to two (2) completed purchases and deposited after each such purchase. If your friend only makes one (1) purchase, no additional Referral Credits will be deposited in your account for that referral.
Registering multiple Kork accounts is a violation of these Terms and sending invites to alternate email addresses or accounts or otherwise attempting to circumvent Kork's referral credit program may, without limiting any other Kork rights or remedies, result in forfeiture of your Kork Membership, Kork Select Membership, Kork Branded Membership, Kork Insider Access and/or all Referral Credits in your account. Kork reserves the right to void referrals and Referral Credits earned if we suspect that the referrals or Referral Credits were earned in a fraudulent manner, in a manner that violates these Terms or in a manner otherwise not intended by Kork. You may not conduct your own promotion in connection with our Referral Credit Program. You may not engage in any promotional, marketing, or other advertising activities on behalf of Kork, and you may not use any trademarks of Kork without obtaining written permission from Kork.
Referral Credits will appear in your account within approximately 24 hours after one of your qualifying invitees completes a purchase and that purchase is shipped. Referral Credits are not awarded for Kork Gift Card purchases. Referral Credits earned via Kork may only be used on the Kork Sites and Applications and may not be used toward the purchase of a Gift Card or on any other website not affiliated with Kork.
The Referral Credit Program is void where prohibited by law. Kork reserves the right to modify or terminate the Referral Credit Program at any time, although Referral Credits accrued shall be valid for six (6) months from the date of posting. Should there be any tax liability for the accumulation and/or use of Referral Credits, such taxes are the sole responsibility of the participant. You understand that your account may not accurately reflect the Referral Credits you have actually earned. Kork will have no liability for any errors displayed in your account.