We post your wine with La Poste tracked delivery service. Your first case should arrive within 3-4 working days and all recurring cases should arrive around the 15th of the following month e.g. if you sign up for a 3 month subscription on the 14th of January, your first case should arrive between the 17th and 18th January (assuming these dates are working days) and your recurring cases should arrive around the 15th of February and March. NOTE: please allow 7 days for your order to arrive before contacting customer service.
Each monthly case will contain three bottles organic, biodynamic or natural wines. The price listed on the website is inclusive of VAT.
All of our products are non-refundable. However, if you have received a wine that you believe is corked, faulty or that you thought tasted bad you are entitled to a full refund on the condition that you send us the wine back for inspection, which can be arranged by getting in touch with us at email@example.com
We are here to help. If we’ve screwed up, we’ll make it right. We are on hand seven days a week to listen to feedback, concerns or questions. Just send us a message to firstname.lastname@example.org with any questions or concerns that you have.
For logistical reasons, Biowine does not accept returns unless exceptional circumstances apply. If you feel you fall within this category then please contact email@example.com
When you join Biowine Box you will be asked to pick a subscription term. The terms available are as follows: one month, 3 months and 6 months. The one-off gift option allows you to pick a subscription term, either one month, 3 months, or 6 months and we will bill you for the entire term. You are unable to cancel the subscription term half way through and if the giftee decides to stop receiving Biowine we will not refund you for the remaining months. The 3 month and 6 month options will charge your debit or credit card for the entire period when you sign up. If you decide to stop receiving Biowine cases the remaining term of your subscription is non-refundable and we will continue to charge your debit or credit card. Upon cancelling your subscription, we will send you an email to confirm that your subscription has ended. Please get in touch with us if you do not hear back within a reasonable time period.
We operate under two different entities: Bio Wine Box Ltd. for the UK market and Biowine.me Sàrl for Switzerland. Swiss Company number is CH-621.4.009.462-3 and is registered at Les Marais Salvan 7 CH Valais. The UK company Bio Wine Box Ltd. is registered at 31 Elvaston Place SW7 5NL London UK, the company number is 09945820.
You must be over 18 years old to subscribe. There are no exceptions.
All vouchers and offers, unless otherwise stated, are intended for single use only. One valid UK/CH credit/debit card per account. Promotions cannot be used in conjunction with any other offer. Please note that it is at the discretion of Biowine and all associated persons to accept vouchers and offers.
Please see our Private Policy for details.
Please let us know if you have any special request by emailing us at Stephanie@biowinebox.com
Your use of Biowine Box services and web site (referred to collectively as the “Services”) is subject to the terms of a legal agreement between you and Biowine Box. Biowine Box means: Biowine.me Sàrl– a corporation based in Switzerland and Bio Wine Box Ltd. a corporation based in the UK. This document sets out the terms of that agreement.
By ordering any of our products or subscribing to our service you are bound by the following terms and conditions.
Please tick the checkbox in the shopping cart to accept these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
Biowine.me Sàrl or Bio Wine Box Ltd. refer as “the companies”
1. COMPANY INFORMATION
We operate under two different entities: Bio Wine Box Ltd. for the UK market and Biowine.me Sàrl for Switzerland. Swiss Company number is CH-621.4.009.462-3 and is registered at Les Marais Salvan 7 CH Valais. The UK company Bio Wine Box Ltd. is registered at 31 Elvaston Place SW7 5NL London UK, the company number is 09945820.
2. REGIONS AVAILABLE
Our UK site www.biowinebox.co.uk is available only for residents in the United Kingdom of Great Britain and Northern Ireland. Our Swiss site www.biowinebox.com is only available for residents in Switzerland. We cannot accept orders from individuals outside those countries at the moment.
3. CUSTOMER STATUS
By placing an order with us you must be:
3.1 Legally capable of entering into binding contracts
3.2 Resident in one of the Regions mentioned in clause 2
3.3 You are accessing our site from those countries (refer to clause 2)
3.4 You are of legal drinking age (18 years old or over)
Subscriptions and sales of alcohol can only be made to individuals who are older than 18 years of age. We will not sell or deliver alcohol to anyone who is, or appears to be, under the age of 18. By placing an order and ticking the check box to declare you are over 18 and you confirm that you are at least 18 years old. We reserve the right to cancel your order if we are unsure of this.
4. ACCESS TO THE SITE
The Site services are normally accessible to customers seven days a week, 24 hours a day, throughout the year except in the case of interruption, voluntary or not, in particular due to maintenance needs or major events. The company Biowine.me Sarl and Bio Wine Box Ltd. cannot be held liable for damage of any nature resulting from unavailability of the Site.
5. YOUR RELATIONSHIP WITH US
5.1 After placing an order on our standard order form, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Products as one-offs or by subscribing to a Service. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
5.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
5.3 The Companies Biowine.me Sàrl and Bio Wine Box Ltd. offer three types of subscription to the box Service:
These subscriptions are debited from the customers account all in one go.
The 3 and 6 months subscriptions cannot be cancelled but will not renew at the end of the period unless expressely asked.
5.3.2 There are three types of gift subscriptions: 1 month, 3 months and 6 months. These subscriptions do not automatically renew themselves, they will automatically end after the chosen term (1, 3 or 6 months). The payment will be done all at once when purchased.
5.3.3 The picture of the subscription box showing 3 bottles is for example only. The wine selection changes every monts.
6. VOUCHERS AND GIFT CARDS
6.1 We may offer gift cards, discount promotions and other types of voucher (Voucher) which require to be activated on the site in order for the holder to commence delivery of a subscription or an order through the site. If paid for, the Voucher is deemed to have been sold at the time of payment for it. All of these terms and conditions shall become applicable as between us and the holder of the Voucher (Holder) when the Holder redeems the Voucher by applying for a service from the site to commence.
6.2 A Voucher may only be used once by its Holder and may not be copied, reproduced, distributed or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval.
6.3 We reserve the right to withdraw or cancel any Voucher (other than a paid-up gift card) for any reason at any time.
6.4 Vouchers may only be redeemed through the site and not through any other website or method of communication. To use your Voucher you will be required to enter its unique code on the redeem page and use of such code will be deemed to confirm your agreement to these terms and conditions and any special conditions attached to the Voucher.
6.5 Any discounts attached to Vouchers apply to the price of the Products ordered only and not to delivery charges, which will be chargeable at normal rates.
7. CONSUMER RIGHTS
If you want to cancel your order for any reason, send us an email at firstname.lastname@example.org and we'll cancel it for you based on the following terms:
7.1 If your order goes missing, or is damaged, between dispatch and delivery, we will send you a replacement order as soon as we can. If we are unable to dispatch replacement goods within 7 days we will offer you a full refund. For these purposes, delivery takes place when products are left at your delivery address or with someone else in accordance with your instructions.
7.2 If you believe that that one or more bottles are “corked”, we will issue a full refund under the condition that you send us back the bottle. We will then cdit your account with the shipping cost as well.
8. DELIVERY AND AVAILABILITY
8.1 We reserve the right to cancel any orders we cannot fulfill for any reason. If your order is cancelled we will contact you to explain why and refund any money you have paid us for that order.
8.2 Our standard delivery is 3 to 4 working days.
8.3 When subscribing your order usually will be dispatched to you around the 15th of the month.
9. RISK AND TITLE
9.1 The Products will be at your risk from the time of delivery.
9.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
10. PRICE AND PAYMENT
10.1 The price of the Products and our delivery charges will be as quoted on our site, except in cases of obvious error.
10.2 Product prices include VAT.
10.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
10.4 Payment for all Products and Services must be by debit cards, credit cards, bank payments or PayPal.
11. REFUNDS POLICY
11.1 If you return a Product to us:
11.1.1 If you haven't enjoyed a wine (Product), whether you believe it to be faulty, not as you had expected, or simply not to your taste, please contact at email@example.com
220.127.116.11 If the wine is corked, oxidised or appears otherwise out of condition, as long as it is still within the recommended drink date and has been stored in suitable conditions, we will arrange to credit your account or replace the faulty bottle(s) where appropriate, this on the condition you send the bottle back to us and we will credit your account with the shipping cost once we have received it.
18.104.22.168 If the wine (Product) is not faulty but you did not enjoy it
If, having opened a bottle, you are disappointed that the wine was not as enjoyable as you had anticipated (it may not have been to your taste), assuming the wine is within the recommended drink date and has been stored in suitable conditions, we will arrange a return of the rest of the case and arrange a refund or replace the bottle where appropriate should you have any more bottles of the same wine which you no longer want.
If, having opened your case or box, some of the bottles are broken, please send us pictures at firstname.lastname@example.org so we can arrange a refund or replace the damaged bottles where appropriate.
11.1.2 For any other reason we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
11.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
We warrant to you that any Product purchased from us through our site will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
Please note that the bottles we deliver to you correspond with the description on our website and maybe not the picture. The date of the wine on the picture may not be the year that is delivered to you so please read the description carefully.
13. OUR LIABILITY
13.1 If we fail to comply with these terms and conditions we shall only be liable to you for the purchase price of the Products.
13.2 Nothing in this agreement excludes or limits our liability for:
13.2.1 Death or personal injury caused by our negligence;
13.2.2 Fraud or fraudulent misrepresentation;
13.2.3 Any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
13.2.4 Defective products under the Consumer Protection Act 1987; or
13.2.5 Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
14. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Biowine.me Sàrl or Bio Wine Box Ltd. at email@example.com We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
16. TRANSFER OF RIGHTS AND OBLIGATIONS
16.1 The Contract between you and us is binding on you and us and on our respective successors and assignees.
16.2 You may not transfer, assign, charge or otherwise dispose of a subscription Service, or any of your rights or obligations arising under it, without our prior written consent.
16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a subscription, or any of our rights or obligations arising under it, at any time during the term of the subscription.
17. INTELLECTUAL PROPERTY RIGHTS
17.1 We are the owner or the licensee of all intellectual property rights in our site, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
17.2 You may print off one copy, and may download extracts, of any pages from our site for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and our licensors.
17.3 If you post comments on the Products or Services to any website, blog or social media network you must ensure that such comment represents your fairly-held opinions. By subscribing to the Services you irrevocably authorise us to quote from your Commentary on our site and in any advertising or social media outlets which we may create or contribute to.
18. EVENTS OUTSIDE OUR CONTROL
18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
18.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
18.2.1 Strikes, lock-outs or other industrial action;
18.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
18.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
18.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
18.2.5 Impossibility of the use of public or private telecommunications networks; and
18.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
18.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure
19.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
19.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
19.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
21. ENTIRE AGREEMENT
21.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
21.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
21.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
21.4 Nothing in this clause limits or excludes any liability for fraud.
22. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
22.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
22.1 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within fourteen working days of receipt by you of the Products).
23. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law for Bio Wine Box Ltd (www.biowinebox.co.uk). Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales. Respectively for Biowine.me (www.biowinebox.com) will be governed under the Swiss legislation.
24. ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
25. ADDITIONAL GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
26. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
27. MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
28. PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
29. ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
28. THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
29. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
30. PERSONAL INFORMATION
31. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
32. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
33. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Bio Wine, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Bio Wine and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
37. CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.