Terms of service

This agreement is between you the [“User” or “you”] and FIOVINO SELECTION INC. Trading under the name and style of (Collectively, “CHAMPAGNE RENDEZ-VOUS”, “we”, “our” and “us”.)

PLEASE NOTE THAT CHAMPAGNE RENDEZ-VOUS DOES NOT SELL ALCOHOL TO PERSONS UNDER THE AGE OF 21. BY USING THIS SITE YOU SWEAR AND AFFIRM THAT YOU ARE OVER THE AGE OF 21. CHAMPAGNE RENDEZ-VOUS MAKES EVERY EFFORT TO ENSURE THAT ALCOHOLIC BEVERAGES ARE NOT DELIVERED TO ANYONE WHO IS UNDER THE AGE OF 21. BY USING THIS SITE YOU ARE ACKNOWLEDGING THAT THE PERSON RECEIVING A SHIPMENT OF ALCOHOLIC BEVERAGES FROM CHAMPAGNE RENDEZ-VOUS IS OVER THE AGE OF 21.

If you do not agree with all of the provisions of this agreement, you cannot use the Services. To remove any doubt, in the event of any conflict or discrepancy between these Terms and conditions and any other provisions and/or terms and/or otherwise between CHAMPAGNE RENDEZ-VOUS and you, the provisions and the terms of these Terms of Use will prevail. Please feel free to contact us with any questions regarding the content of this agreement.

Therefore, the use of https://sip.champagnerendezvous.com/ (collectively, “website or site”) is subject to the following terms and conditions. CHAMPAGNE RENDEZ-VOUS reserves the right to update the Terms and Conditions at any time without notice to the user. The most current version of the Terms and Conditions can be reviewed by clicking on the ‘Terms of service’ hypertext link located at the bottom of our webpages.

1. USAGE

You will use this site in a manner consistent with any, and all, applicable laws, legislation, rules and regulations. If you violate any restrictions in these terms, you agree to indemnify CHAMPAGNE RENDEZ-VOUS for any losses, costs or damages, including reasonable legal fees, incurred by CHAMPAGNE RENDEZ-VOUS in relation to, or arising out of, such a breach.

You further agree not to do any of the following while using the Site:

• Access, tamper with, or use non-public areas of the Site or Champagne Rendez – vous’ computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.
• You will not access the Site with any manual or automated process for any purpose other than to purchase the products and services as expressly allowed by these terms and conditions. Use of any automated system or software to extract data from the Site (“data scraping”) is prohibited, regardless whether such use is for commercial or non-commercial purposes.
• Frame or link to the Site except as permitted in writing by Champagne Rendez-Vous.

1. ABOUT CHAMPAGNE RENDEZ-VOUS

CHAMPAGNE RENDEZ-VOUS is a corporation carrying on its business operations in California, the United States of America. CHAMPAGNE RENDEZ-VOUS is an online wine retail

1. APPLICABILITY

"These general terms and conditions (the "Conditions") apply to:

(a) The use of any information, pictures, documents and/or other services offered by CHAMPAGNE RENDEZ-VOUS via (our “Website”); 

(b) The ordering, purchase and shipping of the wine products displayed on the website.

1. THE SALE OF ALCOHOLIC BEVERAGES

Champagne Rendez-Vous does not sell alcohol to persons under the age of 21. By using this site you swear and affirm that you are over the age of 21. Champagne Rendez-Vous makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this site you are acknowledging that the person receiving a shipment of alcoholic beverages from Champagne Rendez-Vous is over the age of 21. If you do not agree with these conditions of use please do not use this site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21 Champagne Rendez-Vous will prosecute you fully to the extent allowable by law.

1. TITLE, OWNERSHIP AND TRANSPORTATION

Title to, and ownership of, all alcoholic beverages and other products sold through the Sites passes to you upon purchase from the website. Once a sale is been approved, you order will be shipped, either intrastate or interstate (where permitted), which means that a common carrier will deliver your order as specified by you. You will be charged the state taxes (including the sales tax), if any, assessed by the state where the sales transaction occurred.

By arranging for transportation of the wine, Champagne Rendez-Vous is providing a service to, and ACTING ON BEHALF of the purchaser, however, we cannot ship to the following states; (Alabama (AL), Arkansas (AR), Delaware (DE), Illinois (IL), Kentucky (KY), Michigan (MI), Mississippi (MS), North Dakota (ND), Oklahoma (OK), Rhode Island (RI), South Dakota (SD) and Utah (UT)). By utilizing this service from Champagne Rendez-Vous, the purchaser is representing that he/she is acting in a fashion compliant with applicable federal, state and local Law regarding the purchase, transportation and delivery of wine. The purchaser represents that he/she has obtained any required permission, paid any required fees, is working though properly licensed intermediaries where required, is legally entitled to take quantities ordered, and that he/she is 21 years of age or older.

1. THIRD PARTY CONTENT AND MONITORING

Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this Champagne Rendez-Vous  Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of Champagne Rendez-Vous . Champagne Rendez-Vous neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Champagne Rendez-Vous Site by anyone other than authorized Champagne Rendez-Vous employees acting in their official capacities.

1. PARENTAL CONTROL PROTECTIONS

As required by the Communications Decency Act of 1996, Champagne Rendez-Vous hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to Content that may be harmful to minors. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, SurfWatch, and GuardOne. Champagne Rendez-Vous does not sponsor or endorse any of these companies or their services.

1. LINKS

The Champagne Rendez-Vous Site may contain links to other web sites or resources. You acknowledge and agree that Champagne Rendez-Vous  is not responsible or liable for (1) the availability or accuracy of such web sites or resources; or (2) the content, advertising, or products on or available from such web sites or resources. The inclusion of any link on the Champagne Rendez-Vous Site does not imply that Champagne Rendez-Vous endorses the linked site.

1. PRICING

With regards to Pricing, Champagne Rendez-Vouz shall have the sole authority to determine the retail prices for any alcoholic beverages that it sells. It shall also be at the express and sole discretion of Champagne Rendez-Vouz to change Prices and billing methods for products and Items sold, with or without notice to you.

1. ERRORS IN PRICING

The prices are displayed “AS IS” on the website, therefore, Champagne Rendez-Vous is not responsible for any typographical errors or incorrect prices appearing on our Website.

WE therefore reserve the right in our sole discretion to;

(i)  Cancel orders placed for any product(s), item(s), or service(s) advertised at an incorrect price or involving incorrect information or typographical errors; and

(ii) Reject or cancel any such order, regardless of whether your order has been confirmed and/or your credit card has been charged.

If your Credit Card was charged and your order was cancelled, your credit card would be refunded with the charged amount. The Length of days for such refund shall be solely dependent on each financial institution and not Champagne Rendez–Vous.

1. PRODUCT ORDERS USING OUR SITES

Validating your order

We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order. Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.

Order acceptance/confirmation

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Champagne Rendez-Vous reserves the right at any time after receipt of your order to accept or decline your order for any reason.

Order limitations and product availability

We may, at our own discretion, limit or cancel quantities purchased per person, per household or per order. We also reserve the right to reject any order you place with us. These restrictions may include orders placed by the same account or individual, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made.

Not all items listed on the Sites are readily available for sale, or the prices, promotions, and quantities may vary. Some items, especially highly-allocated or limited quantity items, may be listed on the Sites but may not be available for sale or in the quantities indicated. We reserve the right, in our sole discretion, to restrict or refuse the sale of any such items if the quantities held in inventory exceeds the demand for those items.

1. PAYMENTS

We accept Payments for our services via credit cards - Visa, Mastercard, American Express, Discover, JCB, Diners Club or Google Pay, Apple Pay and Shop Pay. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for all charges you incur for any order made on the site. You are responsible for, and agree to pay, all such charges. If we or our third party payment processor cannot obtain authorization for charges to your payment method or if any amounts you authorize us to charge to your payment method are reversed or charged back for any reason, we may, at our option, in addition to any other remedies: make second and/or subsequent attempts to charge your payment method, and/or use any other lawful means to collect payment on any outstanding amounts due to us.

1. SHIPPING & DELIVERY

We make no representations about the legality of shipping alcoholic beverages. By arranging for transportation or shipping of any alcoholic beverage under your instructions, we are providing a service to, and acting on behalf of you.

All orders placed on our site are subject to product availability and will be shipped according to our Shipping Policies, which may vary based on applicable state law. In the event your order never arrives, notification of lost items must be received within 60 days from receipt of the shipping confirmation e-mail. Please review our Shipping Policies portion of our Customer Service section for additional information on shipping times, rates and policies.

1. INFORMATION ON THE WEBSITE

The information on the Website is for general information purposes only and does not constitute advice. Even though CHAMPAGNE RENDEZ-VOUS has composed its Website with care, the information, texts, documents, graphics, and/or other services/information on it may contain errors or be otherwise incorrect or incomplete. CHAMPAGNE RENDEZ-VOUS does not guarantee that the Website and/or the information is free of errors, defects, malware and viruses or that the Website and/or information is correct, up to date and accurate.

To the maximum extent permitted under applicable law, CHAMPAGNE RENDEZ-VOUS shall not be liable for any damages resulting from the use or inability to use of the Website, including damages caused by malware, viruses or any incorrectness or incompleteness of such information or the Website, unless such damage is the result of any wilful misconduct or from gross negligence on the part of CHAMPAGNE RENDEZ-VOUS.

CHAMPAGNE RENDEZ-VOUS shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with this Website, including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.

1. INTELLECTUAL PROPERTY

All brand names, logo, product names and titles used on the Website are trademarks or trade names of CHAMPAGNE RENDEZ-VOUS or third party trade mark or trade name holders. You are not allowed to use or reproduce any such trademarks, logo or trade names as this may constitute an infringement of the holder’s rights.

The rights in the Website design, texts, documents, movies, music and/or other services and the selection and arrangement thereof, and all software compilations, underlying source codes, software and all other material on this Website are owned by or licensed to CHAMPAGNE RENDEZ-VOUS  and/or its suppliers and subcontractors.

You are only allowed to electronically copy and to print in hard copy portions of the Website to the extent this is necessary for the purpose of subscribing to any service with us, or for using the Website as a shopping resource. You are not allowed to make any other use of the information and materials on this Website, including reproduction for purposes other than the one mentioned above, modification, distribution or republication. Should you wish to use materials or information from this Website, you need our prior written approval to do so.

1. DATA PRIVACY

CHAMPAGNE RENDEZ-VOUS collects and processes your personal data according to the privacy and cookie notice. Please familiarize yourself with CHAMPAGNE RENDEZ-VOUS’s Privacy policy displayed at the bottom of our webpage.

1. UNSOLICITED IDEAS

In the event you post unsolicited ideas and/or materials whether consisting of texts, images, sounds, software, information or otherwise (Materials) on this Website or send these to CHAMPAGNE RENDEZ-VOUS by e-mail or otherwise, you grant us an irrevocable, free of charge non-exclusive and worldwide right to use, copy, adapt, modify, publish and/or commercially exploit such Materials to the fullest extent in whatever form and via all media known and to date unknown for the duration of the intellectual property rights in the Materials and we shall not be bound by any confidentiality obligation in respect of such Materials.

To the maximum extent permitted under applicable law, you hereby indemnify and hold CHAMPAGNE RENDEZ-VOUS harmless from and against all actions, claims and liabilities, suffered, incurred or sustained by us as a result of the use and/or exploitation of the Materials infringing the (intellectual property) rights of any third party or otherwise being unlawful towards a third party.

1. TRADEMARKS

All brand names, logo, product names and titles used on the Website are trademarks or trade names of CHAMPAGNE RENDEZ-VOUS or third party trade mark or trade name holders. Nothing contained in this TERMS AND CONDITIONS will be construed as conferring any right to YOU to use in advertising, publicity, or other promotional activities any name, trade name, trademark, or other designation of CHAMPAGNE RENDEZ-VOUS (including a contraction, abbreviation or simulation of any of the foregoing). You are expressly prohibited from using the name “CHAMPAGNE RENDEZ-VOUS” or the name of CHAMPAGNE RENDEZ-VOUS branded products, publicity, or other promotional activities, unless written consent is obtained by you from CHAMPAGNE RENDEZ-VOUS to do so.

1. USER CONDUCT

You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Sites. You agree that you will abide by these Terms and will not: Engage in any harassing, threatening, intimidating, predatory or stalking conduct; Use or attempt to use another user’s account without authorization from such user and CHAMPAGNE RENDEZ-VOUS; Use the Sites in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Sites or that could damage, disable, overburden or impair the functioning of the Sites in any manner; Reverse engineer any aspect of the Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Sites; Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Sites that you are not authorized to access; Develop any third party applications that interact with the Sites without our prior written consent; Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Sites, extract data or otherwise interfere with or modify the rendering of Site pages or functionality; Bypass or ignore instructions contained in the robots.txt file, that controls all automated access to the Sites; or Use the Sites for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

1. INDEMNIFICATION.

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless CHAMPAGNE RENDEZ-VOUS, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “CHAMPAGNE RENDEZ-VOUS Parties”), from and against all actual or alleged CHAMPAGNE RENDEZ-VOUS Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any Feedback you provide, (c) your violation of these Terms, (d) your violation of the rights of another, (e) any third party’s use or misuse of the Sites or Products provided to you and (f) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms. You agree to promptly notify CHAMPAGNE RENDEZ-VOUS of any third-party Claims and cooperate with the CHAMPAGNE RENDEZ-VOUS Parties in defending such Claims. You further agree that the CHAMPAGNE RENDEZ-VOUS Parties shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and CHAMPAGNE RENDEZ-VOUS.

1. DISCLAIMERS.

Your access to and use of the Services and content provided on https://sip.champagnerendezvous.com/ are at YOUR OWN RISK. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, (CHAMPAGNE RENDEZ-VOUS  ENTITIES are CHAMPAGNE RENDEZ-VOUS  founders, officers, directors, employees, agents, representatives, and partners) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

CHAMPAGNE RENDEZ-VOUS make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from CHAMPAGNE RENDEZ-VOUS or through the Services, will create any warranty not expressly made herein.

The Services may contain links to third-party websites or resources. You acknowledge and agree that the CHAMPAGNE RENDEZ-VOUS is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by CHAMPAGNE RENDEZ-VOUS of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHAMPAGNE RENDEZ-VOUS   SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CHAMPAGNE RENDEZ-VOUS EXCEED ZERO DOLLARS (U.S. $0.00). THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, AND TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT CHAMPAGNE RENDEZ-VOUS HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Sites (or any features or functionality of the Sites) and the Products at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, and vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this Section may not apply to you.

1. FORCE MAJEURE

Champagne Rendez-Vous  shall be excused from performance under this Terms of Service if Champagne Rendez-Vous  is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under this Terms of Service by reason of: (a) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, computer or telecommunications failure or other circumstance beyond the control of Champagne Rendez-Vous .

1. CHANGES

If CHAMPAGNE RENDEZ-VOUS decides to change these general terms and conditions, we will post the changed terms and conditions on the Website. You are advised to regularly check whether they have changed. Existing contracts will not be affected by such changes.

1. GOVERNING LAW AND JURISDICTION

This general terms and conditions in relation to the use of https://sip.champagnerendezvous.com/ is hereby governed by, and constructed and enforced in accordance with the laws of California, USA. The competent courts in California, USA, shall have the exclusive jurisdiction to resolve any dispute between you and CHAMPAGNE RENDEZ-VOUS.